Allahabad High Court
VIJAY NARAYAN MISHRAversusState of UP AND 2 OTHERS
- Decided
Holding
The court ordered that the petitioner may obtain an electricity connection but such grant does not confer any right or title over the shop.
Summary
Vijay Narayan Mishra, the petitioner, sought an order for an electricity connection to a house/shop he occupies, while the respondent Gulab Devi Jaiswal claims ownership and has a pending suit for permanent injunction. The court examined the inspection report, which confirmed that Mishra is in possession of the property. Despite the serious title dispute, the court directed Mishra to apply online for the electricity connection and ordered the respondents to furnish the connection within two weeks. The court expressly held that granting the electricity connection does not create any right or title in Mishra’s favour over the shop. Accordingly, the petition was disposed of.
Issues considered
- Whether the petitioner, who is in possession of the property, is entitled to an electricity connection despite a pending title dispute.
- Whether the grant of an electricity connection confers any right or title over the shop to the petitioner.
Subjects
- electricity connection
- possession
- title dispute
- property
- permanent injunction
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 33611 of 2024
Vijay Narayan Mishra
.....Petitioner(s)
Versus
State Of Up And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manish Tandon
Counsel for Respondent(s) : C.S.C., Suman Kumar Yadav, Usha
Kiran
Court No. - 4
HON'BLE NEERAJ TIWARI, J.
HON'BLE SUDHANSHU CHAUHAN, J.
1. Heard learned counsel for the petitioner, Ms. Usha Kiran, learned
counsel for respondent no.3, Dr. Suman Kumar Yadav, Advocate
appearing for proposed respondent no.4- Gulab Devi Jaiswal and learned
Standing Counsel.
2. A perusal of the inspection report shows that the house in question is in
possession of the petitioner -Vijay Narayan Mishra.
3. Dr. Suman Kumar Yadav, Advocate appearing for proposed respondent
no.4- Gulab Devi Jaiswal submits that in fact the proposed respondent is
the owner of the house in question and Original Suit No. 946 of 2024 for
permanent injunction is pending between the petitioner and Gulab Devi
Jaiswal. The title of the petitioner over the shop in question is seriously
disputed by Dr. Suman Kumar Yadav.
4. Be that as it may, as per the report of the respondent no.3 dated
22.01.2025 petitioner was found to be in possession of the house in
question, therefore, petitioner is directed to apply online for providing
electricity connection along with requisite fees. In case any such
application is filed, the respondents no.2 and 3 are directed to provide
electricity connection to the petitioner forthwith within a period of two
weeks.
5. It is further made clear that mere grant of electricity connection in
WRIC No. 33611 of 2024
2
favour of the petitioner shall not create any right and title in favour of the
petitioner with regard to the shop in question.
6. The petition thus, stands disposed of.
(Sudhanshu Chauhan,J.) (Neeraj Tiwari,J.)
May 5, 2026
Nadeem
Digitally signed by :-
NADEEM AHMAD
High Court of Judicature at Allahabad
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