GAURAV SHARMA Vs. STATE OF U P AND 4 OTHERS
LAWS(ALL)-2018-9-115
HIGH COURT OF ALLAHABAD
Decided on September 18,2018

GAURAV SHARMA Appellant
VERSUS
State Of U P And 4 Others Respondents

JUDGEMENT

- (1.) By means of this writ petition, the petitioner has challenged the order dated 30.11.2017 passed by Sub-Divisional Officer, Electricity Distribution Division-II, Garhmukteshwar, Hapur rejecting the application of the petitioner for sanction of new electricity connection. The reason assigned in the order impugned is that the petitioner, being neither a tenant nor, the owner of the house in question and his father who is already having connection in another house, has refused to give his consent/ no objection for a separate connection, it would not be legal to grant new connection.
(2.) Facts of the case are that the petitioner, who claims to be the adopted son of Dayanand Sharma, is living in one of the houses owned by his father, but due to some family dispute between the wife of petitioner and his father, goods and belongings of the petitioner were thrown out of the house in question. The petitioner thereafter, along with his wife, approached the Superintendent of Police on 27.02.2013 for redressal of his grievances. On its intervention, goods and belongings of petitioner were restored and petitioner could able to get re-entry in the house. Thereafter, respondent no. 5 again lodged a complaint against the petitioner, in which summons were issued. However, further proceeding of the said criminal case has been stayed by this Court.
(3.) Contention raised on behalf of the petitioner is that the petitioner is living separately in the house in question. Respondent no. 5 does not reside with him. Accordingly, petitioner applied for electricity connection along with a house tax receipt issued by Municipality to demonstrate that he is paying the house tax in respect of the premises in question and is in absolute possession and occupation thereof and therefore, under the circumstances, he is entitled to have electricity connection.;


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