Allahabad High Court
APARNA SINGHversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
A person who has a right to live on a property by way of natural succession cannot be denied essential services, except until the matter of title is finally adjudicated.
Summary
The petitioner, Aparna Singh, sought a water connection for the first‑floor residence, alleging that denial of potable water and electricity was unjust while a property dispute involving his mother‑in‑law’s house was pending in a civil suit. The respondent argued that there was no difficulty in providing water, but raised a claim that a will in the petitioner's favour and an ongoing civil litigation affected his entitlement. The court held that a person who enjoys a right to occupy a property by natural succession cannot be denied essential services such as water and electricity merely because the title is under adjudication. Accordingly, the Nagar Palika Parishad was directed to furnish a water connection within a week upon presentation of the certified order, without affecting the pending civil suit. The petition was disposed, confirming that the provision of essential services does not prejudice the substantive property litigation.
Issues considered
- Whether denial of essential services like water and electricity to a person occupying a property by natural succession is permissible pending adjudication of title.
- Whether granting such services would influence the outcome of the ongoing civil suit concerning the property.
Subjects
- water supply
- essential services
- natural succession
- property dispute
- civil litigation
- interim relief
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 38545 of 2026
Aparna Singh
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shivanand Mishra, Vijay Shankar
Shukla
Counsel for Respondent(s) : C.S.C., Praveen Kumar
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE GARIMA PRASHAD, J.
1. The petitioner is aggrieved by non-supply of potable water through the
water tap and accordingly claims a connection, as his brother-in-law, who
has disconnected the water supply resides on the ground floor. It is argued
on behalf of the petitioner that a dispute is going on with regard to the
property in question, which belongs to the petitioner's mother-in-law, and
that so long as the dispute is not resolved between the parties, the
petitioner cannot be denied essential services like water and electricity
supply.
2. Shri Praveen Kumar, learned counsel for respondent nos. 2 and 3,
submits that he has no difficulty in providing connection to the petitioner
insofar as water supply is concerned.
3. Shri Sharad Kumar Srivastava, learned counsel for the respondent,
submits that the petitioner resides on the first floor and raises an objection
on the ground that a Will has already been executed by his mother in his
favour and that a dispute is going on in the civil court between the parties.
He clearly admits that the younger brother has already died and his
children are residing with his mother.
4. In view of the aforesaid circumstances, we are of the considered view
that a person who has a right to live on a property by way of natural
succession cannot be denied essential services, except until the matter of
title, which is the subject matter of the civil suit, is finally adjudicated in
respect of the property in question.
5. Accordingly, we direct the Nagar Palika Parishad concerned to provide
WRIC No. 38545 of 2026
2
water connection to the petitioner on the first floor of the house within a
week of presentation of a certified copy of this order. However, we make
it clear that the water connection and electricity connection on the first
floor of the house will not in any manner influence the civil litigation
going on between the parties.
6. Accordingly, the petition stands disposed of.
(Garima Prashad,J.) (Ajit Kumar,J.)
September 24, 2026
Sachin Mishra
Digitally signed by :-
SACHIN MISHRA
High Court of Judicature at Allahabad
Checking your session…