Electricity connection can not be denied even when there was a property dispute pending

Uttarakhand High Court Orders Electricity Connection Amid Property Dispute Court Directs UPCL to Provide Power to Disputed Property, Ensuring No Equity is Created in Favor of Petitioner

In a significant ruling by the Uttarakhand High Court, Justice Manoj Kumar Tiwari has directed the Uttarakhand Power Corporation Limited (UPCL) to provide an electricity connection to Huma Khan, the petitioner, despite an ongoing property dispute with her sister. The case, filed as WPMS/3014 of 2025, was decided on November 10, 2025, and revolves around the petitioner's request for electricity at a property whose ownership is under litigation.

Huma Khan had applied for an electricity connection for a house claimed by her sister through a Will dated March 30, 2021. The sister, identified as respondent no. 4, has initiated a mandatory injunction suit against Khan, which is currently pending in the Civil Judge (S.D.) court in Roorkee, District Haridwar, under Original Suit No. 01 of 2025.

Acknowledging the essential nature of electricity in modern life, the court directed the Executive Engineer of the Electricity Distribution Division in Roorkee to make a decision on Khan's application, submitted on September 29, 2025. The court ordered that the connection be granted within ten days, contingent upon Khan depositing three times the usual security amount.

Justice Tiwari clarified that this provision of electricity would not create any legal equity in favor of Khan concerning the disputed property. The connection is subject to the outcome of the pending civil suit, ensuring that the court's decision does not affect the property ownership dispute.

The judgment highlights the court's balanced approach in addressing immediate life necessities while respecting ongoing legal proceedings. It underscores the judiciary's role in safeguarding basic amenities, even amidst complex legal disputes.

The court's decision is a reminder of the judicial system's responsibility to ensure essential services are accessible, without prejudicing the rights of parties involved in legal disputes. As the case progresses, the pending outcome of the property dispute will ultimately determine the rightful ownership, while ensuring the petitioner's access to electricity in the interim.

Bottom Line:

Electricity connection - Court directed the electricity company to provide the electricity connection to the petitioner, subject to certain conditions, even when there was a property dispute pending between the petitioner and her sister.

Statutory provision(s): [None specified in the judgment]

Huma Khan v. Uttarakhand Power Corporation Limited, (Uttarakhand) : Law Finder Doc Id # 2808451