Court No. - 1 Case :- MISC. BENCH No. - 5368 of 2010 Petitioner :- Ram Sukh Yadav And Ors. Respondent :- State Of U.P.Through Its Secy. Power Lko.And Ors. Petitioner Counsel :- Sajaya Kumar Srivastava,Sri Rajesh Respondent Counsel :- C.S.C.,Kapil Mishra Hon'ble Pradeep Kant,J.
Hon’ble Ritu Raj Awasthi,J.
Notice on behalf of opposite parties no. 1, 2 and 3 has been accepted by the
learned Chief Standing Counsel and on behalf of opposite parties no. 4, 5 and
6 by Sri Kapil Misra.
Issue notice to opposite party no. 7 returnable at an early date.
After hearing the parties’ counsel and considering the statement made by Sri
Kapil Misra, on the basis of instructions received from Power Corporation
that neither the Power Corporation nor any of its officers are denying
electricity to the village in question or to the petitioners but because of
personal enmity of the petitioners and respondent no. 7, the power connection
has been disrupted, we are, prima facie, of the view that there cannot be a
ground for refusal of supply of electricity to any person or group of persons or
to the entire village, because of personal enmity between two persons.
We are further of the view that in case any private person, by his words, deeds
or action, discontinues or disrupts the supply of electricity, he commits a
criminal offence and makes him liable for being prosecuted for such an act.
We, therefore, direct that electricity supply shall be restored to the village in
question including the residences of the petitioners forthwith, in view of clear
statement of Sri Kapil Misra that the Power Corporation and its officers are
willing to supply electricity but they are not able to do so because of certain
influential person, namely, opposite party no. 7.
Let the matter be listed in the third week of August, 2010, after service upon
opposite party no. 7.
Order Date :- 21.7.2010
MFA