Raisha Khan v. State of U.P. and 3 Others

Court No. - 21 Case :- WRIT - C No. - 41089 of 2023 Petitioner :- Raisha Khan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Aqueel Ahmad Counsel for Respondent :- C.S.C.,Usha Kiran Hon'ble Manoj Kumar Gupta,Acting Chief Justice Hon'ble Kshitij Shailendra,J.

¶1The instant petition has been filed for a writ of mandamus commanding respondents no.2 to 4 to give electric connection to the petitioner within a fixed time frame.

¶2The case of the petitioner is that she is a poor lady and belongs to B.P.L. category. She is living in a slum where there are many houses. Number of persons are having separate electric connections in their name. The petitioner had filed the application for release of electric connection to her but the respondents have neither sanctioned the electric connection nor have replied to her application.

¶3Ms. Usha Kiran, learned counsel appearing on behalf of the Electric Department, on instructions, states that the petitioner is living as a tenant in the house of one Raj Kishore Shukla. She states that there was an electric connection in the name of Raj Kishore Shukla and certain amount is also due against the said electric connection, which has not been paid so far. However, she does not dispute that so far the petitioner was not having any electric connection nor there was any due against her.

¶4The specific case of the petitioner is that there are several small houses over Gata No.126-A, Usmanpur Gaon, Kanpur and the respondents are wrongly associating the petitioner with the recoveries pending against other persons.

¶5Counsel for the petitioner also emphatically disputes the contention that the petitioner is occupying the premises as tenant of any person.

¶6Ms. Usha Kiran, learned counsel appearing for the Electric Department, does not dispute that under Clause 4.4 (f)(i) the electric connection could be released in favour of the petitioner after obtaining Indemnity Bond even if she is assumed to be tenant of the premises.

¶7Counsel for the petitioner states that the petitioner is ready to execute Indemnity Bond as per Annexure 4.2 as stipulated under the U.P. Electricity Supply Code, 2005.

¶8Accordingly, we dispose of the writ petition providing that in case the petitioner executes Indemnity Bond in form 4.2 and completes all other formalities, the respondents will sanction electric connection in her favour without any delay.

¶9The petition stands disposed of. Order Date :- 13.12.2023 AKShukla/- (Kshitij Shailendra, J.) (Manoj Kumar Gupta, A.C.J.) High Court of Judicature at Allahabad