Allowed

Fool Kumari v. Bses Yamuna Power Ltd. and Ors.

Delhi HC2 Sept 2026W.P.(C)/12700/2026

Case brief

AI extract

What is this about?

This order disposed of a writ petition where the petitioner, a tenant with lawful possession, had her electricity disconnected due to family disputes between the landlord and his relations. The Court directed the power company to issue a fresh connection without requiring a No Objection Certificate from the landlord, citing electricity as a fundamental necessity.

What did the court decide?

Directed BYPL to grant a fresh electricity connection to the petitioner without requiring an NOC from the landlord, subject to completion of other codal formalities.

Fool Kumari Vs Bses Yamuna Power Ltd. and Ors. — Writ and Judicial Review | Delhi HC (2026)

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$~38

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CNR No. DLHC010411272026

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- W.P.(C) 12700/2026 & CM APPL. 58990/2026, CM APPL. 58991/2026

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FOOL KUMARI .....Petitioner Through: Mr. Rakesh Talukdar, Advocate.

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versus

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BSES YAMUNA POWER LTD AND ORS .....Respondents Through: Mr. Deepak Kumar Vijay, Advocate for R-1.

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Mr. S.U. Mirza, Advocate for R-2 (through VC)

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CORAM: HON'BLE MR. JUSTICE AMIT BANSAL

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O R D E R % 02.09.2026

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The present writ petition has been filed seeking the following reliefs:

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W.P.(C) 12700/2026

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Page 1 of 3

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/09/2026 at 11:18:15

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It is the case of the petitioner that she is the tenant of the private respondent no.2 and is in lawful settled possession of property bearing no. D-31, Gali No.1, Bhajanpura, Delhi – 110053 .

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It is contended on behalf of the petitioner that there are ongoing inter se disputes between the respondent no.2, who is the landlord, his wife, i.e. the respondent no. 4, and his daughter, i.e. the respondent no.3. On account of a complaint made by the respondent no.4, the electricity connection of the petitioner has been disconnected even though there are no outstanding dues.

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Counsel appearing on behalf of the respondent no.1/BSES Yamuna Power Limited (hereinafter ‘BYPL’) on advance notice submits that the electricity connection has been disconnected as the same was being used by other third parties for commercial purposes. He submits that if the petitioner were to apply for a fresh connection, the same would be granted by the respondent no.1/BYPL in accordance with law and subject to completion of codal formalities.

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The Supreme Court, in Dilip (Dead) Through LRs. v. Satish & Ors. [Crl. Appeal No. 810/2022 decided on 13^th May, 2022], held that electricity is a fundamental necessity of a person in possession of a property, regardless

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W.P.(C) 12700/2026

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Page 2 of 3

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/09/2026 at 11:18:15

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of any civil dispute as to the legality of their possession. This Court also, in several orders, has directed electricity connections to be given in the names of the occupants, without prejudice to the rights and contentions to be adjudicated in any civil proceedings.

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For the aforesaid reasons, the present writ petition is disposed of by directing respondent no.1/BYPL to grant a fresh electricity connection subject to the following:

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i. The petitioner shall forthwith apply for a fresh domestic electricity connection in his name.

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ii. The petitioner’s application to the respondent/BYPL will be processed without insisting on a No Objection Certificate (‘NOC’) from the respondent no.2 landlord.

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iii. The petitioner will comply with all other codal and commercial formalities for grant of a new connection.

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The aforesaid order is passed without prejudice to the rights and contentions of the private respondents in the civil proceedings. The order will not be treated as having conferred any special equities or indicated any ownership, title or possessory rights in favour of the petitioner.

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Subject to the aforesaid, the electricity connection shall be granted in favour of the petitioner in an expeditious manner.

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Pending applications stand disposed of.

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AMIT BANSAL, J

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SEPTEMBER 2, 2026 Rzu

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W.P.(C) 12700/2026

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Page 3 of 3

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/09/2026 at 11:18:15

Fool Kumari v. Bses Yamuna Power Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

Fool Kumari v. Bses Yamuna Power Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

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