Court No. - 39
Case :- WRIT - C No. - 6240 of 2021 Petitioner :- Laakhan Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Brij Gopal,Devashish Tripathi Counsel for Respondent :- C.S.C.,Baleshwar Chaturvedi
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the petitioner and Sri Ashutosh Dwivedi holding brief of Sri Baleshwar Chaturvedi, learned counsel for the respondent.
It appears that there was some dispute with regard to the transfer of electricity connection in the property-in-question which was initially transferred in the name of the petitioner. On the objection filed by the grandmother of the petitioner, the transfer made in his name had been recalled on the premise that a dispute is going on between the petitioner and other persons with regard to the property-in-question which is an ancestral property.
Be that as it may, the petitioner states that a fresh application dated 12.07.2020 has been applied with regard to the property- in-question on the premise that the petitioner is in occupation of the same. According to the petitioner, his right and title cannot be excluded on the basis of a forged will created by some other person.
It is contended that the application moved by the petitioner is pending before the competent authority and the officers are denying to entertain the same. Even, the petitioner had been threatened by the officers of the department that he would not get electricity connection at any cost.
Considering the said averments, without entering into the merits of the case, the writ petition is, accordingly, disposed of with the direction to the respondent no.3 to take an expeditious decision in the pending application dated 12.07.2020 of the petitioner seeking electricity connection in the premise-in- question, in accordance with law, preferably within a period of four weeks from the date of receipt of copy of this order.
It goes without saying that while deciding the said application, it would be incumbent for the respondent no.3 to make an inquiry into the question of occupancy of the house-in-question, by issuing notice to all the concerned persons and inviting their objections.
Order Date :- 13.8.2021/P Kesari