Hon'ble Alok Mathur,J.
Shri Shiv Shankar Singh, Advocate has filed vakalatnama on behalf of the respondent no. 4. The same is taken on record.
Heard Shri Mohamad Ehtesham Khan, learned counsel for the petitioner and Smt. Aprajita Bansal, learned counsel appearing for the respondent nos. 1 to 3 as well as Shri Shiv Shankar Singh, learned counsel appearing on behalf of the respondent no. 4.
The writ petition has been filed to challenge the order dated 02.08.2019 passed by the respondent no. 2-Executive Engineer, Electric Urban Distribution, Chowk, Lucknow.
The electricity connection of the petitioner was disconnected in reference to the complaint made by the respondent no. 4. The petitioner and respondent no. 4 are none but the siblings having property dispute. It can be settled only by the competent court and not by way of disconnecting the electricity released in favour of the petitioner in the month of April, 2019. The petitioner was making payment of the bills in pursuant to the separate electricity connection taken by her.
In the light of the aforesaid, electricity disconnection cannot be said to be proper and accordingly, the order dated 02.08.2019 is set aside. As otherwise, no objection against quashing of the order has been raised seriously by any of the parties.
At this juncture, learned counsel appearing for the respondent no. 4 submits that restoration of the electricity connection in favour of the petitioner should not confer any right to the petitioner as the property belongs to him and otherwise, if any dispute exist, it would be adjudicated in the pending civil suit. Thus, it may be made clear that restoration of the electricity connection will not confer any right to the petitioner other than for restoration.
We have considered the rival submissions and find a case in favour of the petitioner. A direction is given to the respondents to restore the electricity connection of the petitioner. It is, however, made clear that it would not affect the right of the respondent no. 4 and the petitioner in any manner in the property dispute, rather it would be determined in the pending proceedings. It is further made clear that the restoration of electricity connection would be with the condition of the payment of the bills by the petitioner.
With the aforesaid, the petition is disposed of.
Order Date :- 29.8.2019 Ashish