# Smt. Divya Sahani v. State of U.P. & Ors

- **Citation:** (2021) 8 ILRA 827
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2021-03-17
- **Case number:** Writ C No. 2008 of 2021
- **Bench:** Pankaj Naqvi, Piyush Agrawal
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/smt-divya-sahani-v-state-of-u-p-ors-47314
- **Pages:** 3

## Headnote

Electricity - Electricity Supply Code, 2005 -
Clause 4.4 - Electricity disconnection on
the sole ground that property/flat is
subject matter of dispute in Civil Suit -
 Held - Clause 4.4 nowhere prohibits the
grant of electricity connection merely on
the ground that there is a pending dispute
in
respect
of
property
where
the
electricity connection is sought to be
supplied - electricity connection does not
confer title - Note-3 of Annexure 4.1 of
the
Code
provides
that
electricity
connection shall not be treated as a proof
of
ownership
of
the
premises
-
Respondent ordered to grant electricity
connection
to
the
applicant
at
his
premises (Para 7)
Allowed.(E-4)

## Text

8 All. Smt. Divya Sahani Vs. State of U.P. & Ors.
827
petitioner after lapse of 18 years from the
date of issue of seniority list in the year
1997. Thus, the judgment of Dr. Anupma
Mehrotra
(supra)
would
have
no
applicability in the present case.

38. Keeping in view the aforesaid
discussions, the impugned order dated
25.03.2017 cannot be said to be legally
sustainable in the eyes of law. Accordingly,
the writ petition is allowed. A writ of
certiorari is issued quashing the order dated
25.03.2017 passed by respondent no.3, a
copy of which is Annexure-1 to the writ
petition.

39. Consequences to follow.
----------
(2021)08ILR A827
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 17.03.2021

BEFORE

THE HON'BLE PANKAJ NAQVI, J.
THE HON'BLE PIYUSH AGRAWAL, J.

Writ C No. 2008 of 2021

Smt. Divya Sahani ...Petitioner
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Petitioner:
Sri Suresh Chandra Mishra, Sri Alok Tripathi

Counsel for the Respondents:
C.S.C., Sri Shravan Kumar Tripathi

Electricity - Electricity Supply Code, 2005 -
Clause 4.4 - Electricity disconnection on
the sole ground that property/flat is
subject matter of dispute in Civil Suit -
 Held - Clause 4.4 nowhere prohibits the
grant of electricity connection merely on
the ground that there is a pending dispute
in
respect
of
property
where
the
electricity connection is sought to be
supplied - electricity connection does not
confer title - Note-3 of Annexure 4.1 of
the
Code
provides
that
electricity
connection shall not be treated as a proof
of
ownership
of
the
premises
-
Respondent ordered to grant electricity
connection
to
the
applicant
at
his
premises (Para 7)
Allowed.(E-4)
(Delivered by Hon'ble Pankaj Naqvi, J.
&
Hon'ble Piyush Agrawal, J.)

Heard Sri Suresh Chandra, learned
counsel for the petitioner, Sri Shravan Kumar
Tripathi for respondent no. 2 and the learned
standing counsel.

This writ petition has been filed, seeking a
writ
of
mandamus,
commanding
the
respondents to supply an electricity connection
in the name of the petitioner at Flat No. MS-4,
Second Floor, Pandav Nagar, Meerut.

1. The petitioner claims to have a
registered gift deed dated 17.12.2018 in her
favour from her mother in respect of property
situate at Flat No. MS-4, 2nd Floor, Pandav
Nagar, Meerut. The petitioner applied for
electricity connection at the above premises
after ensuring due compliance and was
accordingly granted electricity connection on
24.8.2020. It appears that on an objection raised
by her maternal grand mother Sheela Kalra
wife of Late Amarnath Kalra that as the
aforesaid property is a subject matter of dispute
in Civil Suit No. 333/2020 before the Civil
Judge (SD), Meerut, respondent no. 2
proceeded to disconnect the power connection
on 31.8.2020. The complainant (Sheela Kalra)
is reported to be no more.

2. The sole ground for disconnection
is the mere pendency of the above suit.
828 INDIAN LAW REPORTS ALLAHABAD SERIES

3. Learned counsel for the Power
Corporation in order to defend
the
impugned action took refuge under Clause
4.4 of the Electricity Supply Code, 2005.

4. The U.P. Electricity Supply Code,
2005 is a compilation of certain obligations
of the licensee vis-a-vis the consumers and
specifies the set of practices to provide
efficient,
cost-effective
and
consumer
friendly service to the consumers inter alia
dealing with procedure for new connection
and for enhancement or reduction of load.
Chapter IV of the Code relates to procedure
for grant of supply, Clause 4.1 enumerates
the obligations on the licensees to supply
electricity.

5. Clause 4.4 provides the procedure
for processing of an application for supply
of
electricity
which
is
extracted
hereinbelow:-

4.4 Processing of Application
for Supply:

(a)
Application
for
new
connections,
in
prescribed
form
(Annexure 4.1) and complete in all
respects
and
accompanied
by
the
prescribed Registration-cum-processing
fee, shall be filed in duplicate in the
office, specified by the Licensee, along
with -attested true copies of the following
documents:

(i) Proof of ownership of the
premises in the form of registered sale
deed or partition deed or succession or
heir ship certificate or deed of last will or
Proof of occupancy such as valid power
of attorney or latest rent paid receipt or
valid lease deed or indemnity form as
per Annexure 4.2. Order Copy of
appropriate court, in case of litigation
regarding ownership of the premises, has
to be enclosed.

(ii) Approval / permission /
NOC of the local authority, if required
under any law / statute.

(iii) In case of a partnership
firm, partnership deed.

(iv) In case of a Limited
Company, Memorandum, articles of
Association, Certificate of incorporation
and
list
of
Director's
/
certified
addresses.

(v) Work completion and Test
certificate, on the prescribed format
(Annexure 4.4), given by the licensed
electrical contractor can be submitted
later but prior to commencement of
supply.

(vi) Owner's consent for getting
new supply connection. (Annexure 4.3).

(vii) Connections to Jhuggi /
huntments / Patri / Shopkeepers shall be
given as temporary connection only and
shall be engaged through prepaid meters
only and the prospective consumer has
has to provide Aadhar Card / Pan Card /
Ration / Voter ID Card / Driving Licence
/ Bank Account of Nationalized Bank
only (one of these). All the papers issued
in regard to this connection will boldly
display that the same is a temporary
connection and is not a proof of
ownership of the said premises.

The
conditions
mentioned
above in sub-clauses (I) to (v) shall not
be
applicable
for
the
connections
released and requested under this subclause;

Provided that, these temporary
connections shall be up to 2 KW only; it
shall be the responsibility of the licensee
to ensure electrical safety in such case.

6. Clause 4.4(a)(i) insists on a proof
of ownership of the premises in the form of
registered sale deed or partition deed or
some document of title or a proof of
8 All. Smt. Ram Murti Devi Vs. State of U.P. & Ors.
829
occupancy so that the applicant can
maintain an application for grant of a new
connection. The additional requirement
under the same clause is that in the event
there is a pending dispute with regard to the
ownership of the premises in a court of law,
a document evidencing such dispute be also
furnished. Sub-clause (ii) to sub-clause (vi)
also provide certain other conditions which
are to be complied with by the applicant
but presently we are not concerned with
them.

7. We after carefully reading the
provisions of Clause - 4.4 are of the firm
view that nowhere it prohibits the grant of
electricity connection to an applicant merely
on the ground that there is a pending dispute
in respect of property where the electricity
connection is sought to be supplied and
rightly so as the supply of electricity to the
occupant of a house is fundamentally
important to live with dignity under Article
21 of the Constitution else it would be a mere
animal existence. If we accept the contention
of the Power Corporation, the obvious
consequence would be that electricity supply
would stand disrupted for the reason that a
case relating to property is pending in a court
of law. This is neither the legislative intent
under the Electricity Act, 2003 nor under the
Code as electricity connection does not
confer title which fact is also fortified by
Note-3 of Annexure 4.1 of the Code which
provides that electricity connection shall not
be treated as a proof of ownership of the
premises. More so it is not the case of Power
Corporation that there are any previous
outstanding dues in respect of the said
premises.

8. We, in view of above, are of the
considered
view
that
the
impugned
disconnection of electricity supply is
dehors the law.

9. The writ petition is allowed. A
mandamus is issued to the respondent
concerned to grant electricity connection to
the applicant at his premises as indicated
above forthwith, subject to other statutory
compliance, if any, in accordance with law.
----------
(2021)08ILR A829
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 26.03.2021

BEFORE

THE HON'BLE SURYA PRAKASH
KESARWANI, J.
THE HON'BLE ANIL KUMAR OJHA.J.

Writ C No. 4138 of 2021

Smt. Ram Murti Devi ...Petitioner
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Petitioner:
Sri Salilendu Kumar Upadhyay

Counsel for the Respondents:
C.S.C.

U.P. Panchayat Raj Act (26 of 1947) -
Section
110
-
U.P.
Panchayat
Raj
(Maintenance of Family Registers) Rules
(1970) , Rule 6 - Inclusion of names in
register - Competent authority - Assistant
Development Officer - any person whose
name is not included in the family register
may apply to the Assistant Development
Officer (Panchayat) for the inclusion of his
name - if the Assistant Development
Officer (Panchayat) is satisfied, after such
enquiry as he thinks fit; that the applicant
is entitled to be registered in the register,
he may direct to include the name of the
applicant
in
the
family
register
-
thereupon the Secretary of the Gram
Sabha shall include the name of the
applicant accordingly - District Magistrate
has no power to issue amended family
members certificate (Para 16)