Yashpal Sharma vs Distt. Magistrate Distt. Lko… — Writ and Judicial Review | Allahabad HC (2026)

Yashpal Sharma vs Distt. Magistrate Distt. Lko… — Writ and Judicial Review | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: respondent authorities to consider the petitioner's application for a fresh electricity connection (entitlement recognised as an Article 21 Fundamental Right), permission to take an appropriate bond, and supply of electricity within four weeks of compliance with all formalities in accordance with law.

Issue for consideration

Whether the petitioner, a tenant whose shop's electricity connection stood in the landlord's name and was disconnected by the landlord, is entitled to restoration/provision of a new electricity connection at his shop 'Yash Digital Studio', Mohibullapur, Sitapur Road, Lucknow. +1 more

Court's answer

The respondents-authorities shall consider the petitioner's application for a fresh electricity connection, taking into consideration that the petitioner resides in the said premises and is entitled to get electricity connection, the same being a Fundamental Right guaranteed under Article 21 of the Constitution of India.

Ratio / Principle

An appropriate bond may be taken from the petitioner, and electricity shall be given to the petitioner within four weeks from the date after compliance of all formalities by the petitioner in accordance with law.

Detailed headnote1 paragraphs

Constitution of India, Articles 226 and 21 – Electricity connection – Tenant-petitioner's shop ('Yash Digital Studio', Mohibullapur, Sitapur Road, Lucknow) had electricity supply in the landlord's (respondent no.3) name, which the landlord disconnected; petitioner sought mandamus against S.D.O., Vidyut Vitran Nigam Ltd., Aliganj, Lucknow (respondent no.2) for restoration/new connection and restraint against the landlord's interference. After argument, counsel sought liberty to apply for a fresh connection. The Division Bench (Alok Mathur and Amitabh Kumar Rai, JJ.) disposed of the writ petition directing the authorities to consider the application, observing that the petitioner, residing in the premises, is entitled to electricity connection as a Fundamental Right under Article 21; an appropriate bond may be taken and electricity supplied within four weeks of compliance with all formalities in accordance with law.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - C No. - 3866 of 2026

Yashpal Sharma

.....Petitioner(s)

Versus

Distt. Magistrate Distt. Lko. And 2 Others

.....Respondent(s)

Counsel for Petitioner(s) : Vivek Singh Counsel for Respondent(s) : C.S.C., Aprajita Bansal

Court No. - 5

HON'BLE ALOK MATHUR, J. HON'BLE AMITABH KUMAR RAI, J.

Heard Sri Vivek Singh, learned counsel for the petitioner, learned Standing Counsel for the State-respondent no.1 and Ms. Aprajita Bansal, learned counsel for respondent no.2.

In light of the proposed order, notice to respondent no.3 is dispensed with.

This is a writ petition under Article 226 of the Constitution of India filed by the petitioner wherein the petitioner is seeking following main reliefs :-

(i) Issue a writ, order or direction in the nature of mandamus commanding to the opposite party No.2/ S.D.O. Vidyut Vitran Nigam Ltd. Aliganj Lucknow to restore/ provide new electricity supply/Connection in the shop of petitioner situate at Mohibullapur Sitapur Road Lucknow by name of ' Yash Digital Studio' shop No. 1.

(ii) Issue a writ order or direction to restraining opposite party No.3/ Landlord from interfering with the peacefully use of electricity by the petitioner.

It has been submitted on behalf of the petitioner that the petitioner is the tenant of respondent no.3 and has been residing in the premises in question. The electricity connection stood in the name of the landlord, however, the landlord has disconnected the same. Consequently, the electricity connection cannot be restored at the

WRIC No. 3866 of 2026

2

request of the petitioner. However, after arguing the matter at some length, learned counsel for the petitioner submits that the petitioner may be granted liberty to move an application for the grant of a fresh electricity connection.

In our view, the application having been made by the petitioner should be considered by the respondents-authorities taking into consideration the fact the petitioner is very much residing in the said premises and is entitled to get electricity connection, as the same is a Fundamental Right guaranteed under Article 21 of the Constitution of India. We are also of the view that the appropriate bond may be taken by the petitioner and thereafter, electricity be given to the petitioner within four weeks from the date after compliance of all the formalities by the petitioner in accordance with law.

With the above directions, the writ petition is disposed of .

April 29, 2026 Ashish Dewal

(Amitabh Kumar Rai,J.) (Alok Mathur,J.)

Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench