Court No. - 39
Case :- WRIT - C No. - 14892 of 2021 Petitioner :- Satish Chand Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pramod Kumar Singh,Anju Kushwaha Counsel for Respondent :- C.S.C.,Sunil Kumar Dubey
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Deepak Verma,J.
The written instructions supplied by Sri Sunil Kumar Dubey, learned Advocate appearing for Dakshinanchal Vidyut Vitran Khand Nigam, is taken on record.
A categorical stand has been taken therein that in the premises in question, the connection No.KS35411057072 was existing in the name of Kishan S/o Buddha and electricity dues of the said connection are outstanding till date.
Since the year, 2014, the petitioner, namely, Satish Chand S/o Ram Prasad Sharma is residing in the premises-in-question. He has taken a fresh connection No.KS35411107993 without payment of electricity dues for the previous connection.
As two electricity connection cannot be given in one premises, the subsequent connection given to the petitioner has been disconnected and electricity dues are being realized from the petitioner as he is occupier of the premises-in-question.
Learned counsel for the petitioner could not dispute the submissions made by learned counsel for the respondent. He only submits that the property in question is the ancestral property of the petitioner and any dues with regard to the previous connection cannot be realized from the petitioner.
Considering the aforesaid, we find that no new connection can be given in case of any dues of the electricity with regard to the premises in question as electricity dues are charge on the property. Only option left with the petitioner is to clear the electricity dues and then seek fresh connection in his name or transfer of the previous connection by moving an appropriate application before the competent authority.
No mandamus, as such can be issued. The writ petition is wholly misconceived and hence dismissed.
Order Date :- 19.8.2021/Meenu