Court No. - 40

Case :- WRIT - C No. - 38897 of 2022

Petitioner :- Mohd. Rizvan

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Mohammad Asif

Counsel for Respondent :- CSC,Usha Kiran

Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Ajit Singh,J.

Heard Mohd. Asif, learned counsel for the petitioner; learned

Standing Counsel for the State respondent no.1 and Ms. Usha

Kiran, learned counsel for the respondent nos.2 and 3.

Present writ petition is preferred seeking following principal

reliefs:-

"(i) Issue a writ, order or direction in the nature of mandamus directing the

respondents to give new connection to the petitioner to his rented shop i.e.

house No.65/4 Moti Mahal Hulaganj Road, Kanpur Nagar.

(ii) Issue a writ, order or direction in the nature of mandamus directing the

respondents to decide and consider the representation dated 15.11.2022

submitted by the petitioner with regard to give new connection to the

petitioner in his rented shop i.e. house No.65/4 Moti Mahal Hulaganj,

Road, Kanpur Nagar."

Learned counsel for the petitioner submits that the petitioner is

a tenant in shop in question since last 22 years and doing the

work of tailor in the rented shop for his livelihood. Some

dispute arose between the petitioner and the landlord and

consequently, the landlord has disrupted the electricity

connection in the shop in question. Thereafter, the petitioner has

applied for new electricity connection before the respondent

no.2 but the same has not been accepted on the ground that the

petitioner is not the owner of the shop in question and he does

not take new connection without permission of the owner. It is

submitted that electricity cannot be declined to a tenant on the

ground of failure/refusal of the landlord to issue no objection

certificate. So far as the grievance of the petitioner is

concerned, he has already moved a representation on

15.11.2022 before the respondent no.2 for redressal of his

grievance, which is still pending. He has confined his prayer

only to the relief that his representation dated 15.11.2022 may

be considered by the appropriate authority.

In support of his submission, learned counsel for the petitioner

has placed reliance on the judgement of Apex Court dated

13.5.2022 in Criminal Appeal No.810 of 2022, arising out of

Special Leave Petition (Criminal) No.8917 of 2019 (Dilip

(dead) and others vs. Satish and others) as well as the

judgment of this Court in Writ C No.8396 of 2018 (Gaurav

Sharma vs. State of UP and 4 others) decided on 18.9.2018

wherein the Division Bench has proceeded to allow the writ

petition with following observations:-

"10. From the annexure that has been appended to the Supply Code as 4.1,

one has to declare that he is the owner of the premises and in case if he is

not the owner then annexure 4.2 will be the format of the application and

in that he has to demonstrate that he is a genuine occupier and not the

tress-passer. Annexure 4.2 is an indemnity bond which has to be filled in

and to be annexed along with an application for grant of electricity

connection, but what is required further, is clause 4.4(i) of the Supply

Code that provides for the documents that have to be annexed in which

one has to supply proof of ownership of premises in the form of registered

sale deed etc. or heirship certificate. In the event of a mere occupancy, one

has to give document of Power of Attorney or rent receipt or valid lease

deed or indemnity bond as per annexure 4.2. In the indemnity bond while

one makes a declaration that though he has not been able to get the NOC

from the owner of the land but he has to declare that he is in occupation of

the premises either by virtue of valid Power of Attorney or by latest rent

receipt or registered lease deed. The object is to deny connection to a

tress-passer or a house grabber. So is also the purpose of executing the

indemnity bond. Applying the aforesaid provisions to the fac