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SAUMITRA DAYAL SINGH, MANJIVE SHUKLA
Ashok Kumar Sharma – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Heard Shri. Ashish Kumar Srivastava, learned counsel for the petitioners, Shri. Udit Chandra, learned counsel for the respondent-Distribution Corporation and learned Standing Counsel for the State.
2. The writ petition has been filed with the following main relief :
3. Admitted facts of the case are, the petitioners were the inducted as tenants of the disputed premises being D-36/17-18 Agastkunda, Varanasi. At that time, there existed an electricity connection in the premises thus let out to the petitioners.
4. According to the petitioners, the respondent-landlord was seeking to forcibly evict the petitioners. The petitioners filed Original Suit No. 154 of 2011, wherein vide order dated 19.07.2011, the learned Civil Judge (J.D.) City Varanasi granted injunction in favour of the petitioners restraining the respondent from evicting the petitioners except in accordance with law.
5. Later, respondent no. 5 brought another proceeding being S.C.C. Suit No. 4
Tenants have a right to apply for electricity connection as occupiers, but must be recognized as authorized occupiers, which is not the case if eviction proceedings are pending.
Tenants have a right to electricity connection, but this right is contingent upon being recognized as authorized occupiers, which is not the case when facing eviction.
Settled possession grants rights to basic utilities, regardless of property ownership disputes.
An occupier in lawful possession of premises is entitled to seek electricity connection under Section 43 of the Electricity Act, 2003, despite ongoing property ownership disputes.
The shift from 'lawful occupation' to 'occupier simpliciter' in the Electricity Act, 2003 establishes entitlement to electricity supply based on possession.
The occupier of premises is entitled to electricity connection under Section 43 of the Electricity Act, 2003, and ongoing legal proceedings cannot be a ground for denial of the connection.
Electricity Connection - Duty of licensee to supply on request - It is duty of distribution licensee to provide connection to every eligible applicant by taking necessary steps for which respondents ....
Section 43 of the Electricity Act, 2003 is mandatory for providing electricity to owners or occupiers irrespective of landlord's arrears, recognizing access to electricity as a human right.
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