Court No. - 40
Case :- WRIT - C No. - 30063 of 2021 Petitioner :- Deep Mohan Agarwal Respondent :- District Magistrate And 2 Others Counsel for Petitioner :- Puneet Agarwal Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vikram D. Chauhan,J.
There appears to be a dispute ongoing between petitioner and his brother before civil court in respect of house in question. For such reason petitioner's application for grant of water connection is not being processed. It is alleged on behalf of petitioner that action of respondents in denying access to water is wholly arbitrary and violates Article 21 of the Constitution of India.
Sri K. N. Singh, counsel for respondent no.2 states that the authorities shall examine claim of petitioner and would do the needful.
Merely because civil dispute is pending between the parties the authorities would not be justified in denying access to water in the event application is moved before respondents. It is not disputed that the house belongs to the father and petitioner being the son claims to be residing in it for long. We, however, hasten to add that as we have not heard the other brother as such no right or equity would be claimed on account of water connection in the pending suit which shall be decided, independently, on the evidence lead by the parties. Necessary action, in this regard, would be taken within four weeks from the date of presentation of a certified copy of this order.
Writ petition is, accordingly, disposed off.
Order Date :- 17.12.2021 Ashok Kr.