Hon'ble Manish Mathur,J.
Heard Sri Manish Kumar Tripathi, learned Counsel for the petitioner and Sri Shreeprakash Singh, learned Counsel for all opposite parties.
The writ petition has been for the following reliefs:-
(1) Issue a writ, direction or order in the nature of Mandamus commanding the opposite parties concerned to install fresh electricity connection in the name of petitioner in her portion of house No-344/43 Bhawaniganj Police Station-Bajar Khala District-Lucknow ignoring pending civil litigation amongst the legal heirs of Late Ram Janki who was real mother of petitioner within stipulated period, in the interest of justice.
(2) Issue a writ or order in the nature of Mandamus directing the opposite party No-2&3 to take expeditious decision on the representation of petitioner dated 29.10.2020 contained as annexure No-7 to the writ petition, in the interest of justice.
(3) Issue any other writ or direction as this Hon'ble court may deem fit and proper under the facts and circumstances of the case.
(4) Allow the writ petition with cost.
Learned counsel for the petitioner submits that there is some dispute of civil nature pending in the Civil Court between the petitioner and her bother and sisters who are legal heirs of the property in question. The petitioner has preferred a Suit for partition as well as a Suit for cancellation of Will Deed which are pending. The opposite parties have denied fresh electricity connection in the aforesaid house No.344/43, Bhawaniganj, Police Station Bazar Khala, District Lucknow occupied by the petitioner on the ground of civil dispute.
Learned counsel for the petitioner further submits that the said electricity connection cannot be denied to the petitioner. The petitioner has completed the required formalities for the new electricity connection.
Sri Shreeprakash Singh, learned Counsel for the opposite parties submits that it will have to be verified as to whether the petitioner has properly applied for the new electricity connection and has completed the formalities in that regard.
Be that as it may, it is for the competent authority, i.e., Executive Engineer, Vidyut Vitaran Sub-Division Uptron Tikaitrai Talab, Lucknow to take appropriate decision in this regard. It is observed that the electricity connection cannot be denied on the basis of title dispute.
The writ petition is accordingly disposed of with the observation that the opposite party No.3 shall take appropriate decision with respect to the grant of new electricity connection to the portion of house No. No.344/43, Bhawaniganj, Police Station Bazar Khala, District Lucknow occupied by the petitioner in accordance with law, expeditiously, without any further delay, in case the petitioner has completed the required formalities.
Order Date :- 25.1.2021 lakshman