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Allahabad High Court

SMT. BIRENDRI DEVIversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition is dismissed, with the petitioner free to seek remedy elsewhere.

Summary

The petitioner, Smt. Birendri Devi, applied for an electricity connection to operate a private 10 HP tube well on her agricultural land under a government scheme. She submitted an affidavit, together with co‑sharers of Khasra No. 26, stating that there was no objection to the connection. The added co‑sharers (respondents 5 and 6) contested the affidavit, alleging that it and other co‑sharers' affidavits were forged and that the petitioner had submitted false documents. The Court noted that the dispute was essentially factual and that writ jurisdiction does not permit it to adjudicate such factual controversies. Consequently, the Court dismissed the writ petition, leaving the petitioner free to pursue any appropriate remedy in a suitable forum.

Issues considered

  • Whether the petitioner is entitled to an electricity connection for a private tube well under the scheme in view of the alleged forged affidavits.
  • Whether the High Court can entertain and decide factual disputes concerning the authenticity of documents in a writ petition.

Subjects

  • electricity connection
  • private tube well
  • agricultural purpose
  • writ jurisdiction
  • forged affidavit
  • co‑sharers

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                          WRIT - C No. - 27360 of 2026

Smt. Birendri Devi
                                                                    .....Petitioner(s)
                                       Versus

State Of U.P. And 3 Others
                                                                 .....Respondent(s)

Counsel for Petitioner(s)             : Narendra Singh
Counsel for Respondent(s)             : Alok Mishra, C.S.C., Dhruva Dixit

Court No. - 21
                    HON'BLE ARINDAM SINHA, J.
                    HON'BLE PRASHANT KUMAR, J.

1. Petitioner seeks electricity connection for running private tube well of
10 HP load under the scheme. Mr. Sunil Srivastava, learned advocate
appears on her behalf and Mr. Shubhranshu Shekhar, learned advocate,
Additional Chief Standing Counsel for the State. Mr. Anuj Tripathi,
holding the brief appears for respondent nos 2 to 4 (the Supply
Company).

2. Petitioner was given leave to add her co-sharers as respondent nos 5
and 6. They were noticed. Mr. Dhruva Dixit, learned advocate appears on
their behalf. He files counter of date.

3. We have heard submissions at the Bar. Paragraph 9 from the writ
petition is reproduced below.

     "9. That petitioner and other co-sharers of khasra no. 26 have filed an
     affidavit before the respondents that they have no objection if electricity
     connection granted for agriculture purpose. A true copy of an affidavits
     filed by petitioner and other co-sharers are being collectively filed
     herewith and marked as Annexure No.5 to this writ petition."

Also paragraph 9 from the counter of added respondent nos 5 and 6 is
reproduced below.

     "9. That the contents of paragraph 9 stated by Prem Vir Singh are totally
     false and have no merit. The respondents no. 5 and 6 are also co sharers
                                                                                                    WRIC No. 27360 of 2026
                                                                         2


                                           in the said land and they have not given any affidavit regarding the issue
                                           of electricity connection. Moreover, the affidavits of other co sharers
                                           namely Mukesh Kumar son of Jugendra Singh, Omkar Singh son of
                                           Dariyal and Ramvati wife of Jugendra Singh had been forged and the
                                           said co sharers have given affidavits stating that they have not given any
                                           affidavit of such kind and the same had been forged without the consent of
                                           the said co sharers. The petitioner has given forged documents on the
                                           basis of which she tried to get electricity connection. A true photocopy of
                                           the affidavits sworn by the co sharers are filed and marked as C.A-2 to
                                           the counter affidavit."

                                    4. We have dispute on facts. We will not be drawn into the controversy in
                                    exercise of writ jurisdiction.

                                    5. The writ petition is dismissed leaving it open to petitioner to find her
                                    remedy.



                                                                                                    (Arindam Sinha,J.)


                                                                                                  (Prashant Kumar,J.)
                                    September 30, 2026
                                    Anupam S/-




Digitally signed by :-
ANUPAM SINGH PATEL
High Court of Judicature at Allahabad


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