Writ petition regarding reversal of an objection to an electricity connection grant for a licensee is allowed as withdrawn without prejudice to rights in a pending civil suit.
Prayer for withdrawal of writ petition allowed; petition disposed of as withdrawn without prejudice to rights in pending suit.
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Court No. - 21
Case :- WRIT - C No. - 3301 of 2022
Petitioner :- Om Prakash Respondent :- Pashchimanchal Vidyut Vitaran Nigam Ltd. And 4 Others Counsel for Petitioner :- Akshay Pratap Counsel for Respondent :- Abhishek Srivastava
Hon'ble Manoj Kumar Gupta,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
The instant writ petition has been filed praying for a mandamus commanding the respondent authority to consider and decide the objection of the petitioner dated 11.01.2022 filed by him against grant of electricity connection to Respondent no.5.
Learned counsel for the Respondent-Corporation has placed reliance on certain Division Bench judgements of this Court in contending that even a licensee, being an occupier, is entitled to have electricity connection provided he fulfills the requirements prescribed under the statute.
Learned counsel for the petitioner submitted that the petitioner has already instituted a civil suit against Respondent no. 5 after terminating his license and which is pending. He therefore, without prejudice to his rights in the pending civil suit, prays for withdrawal of the writ petition.
The prayer made is allowed.
The petition is disposed of as withdrawn without prejudice to the right of the petitioner to raise all pleas and contentions in the pending suit.
Order Date :- 1.4.2022 Kirti
(Dr. Y.K. Srivastava, J) (Manoj Kumar Gupta, J)
Digitally signed by KIRTI SAHU Date: 2022.04.01 16:25:08 IST Reason: Location: High Court of Judicature at Allahabad
Om Prakash
Pashchimanchal Vidyut Vitaran Nigam Ltd.
4 Others
Manoj Kumar Gupta
Yogendra Kumar Srivastava
As recorded by the court registry
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