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Judgment
Heard Sri R.C. Gupta learned counsel for the petitioner and Sri H.P. Dubey, who appeared for UP. Power Corporation.
Challenge in this petition is to the order dated 30.1.2009 passed by the Superintending Engineer by which electric connection of the petitioner has been directed to be disconnected as Mukul Upadhyaya, Coordinator, B.S.P., had directed for its disconnection till the family dispute between him and his wife is resolved.
Sri Dubey on being questioned about the legality and propriety of the impugned order very fairly submitted that Superintending Engineer cannot be said to be within his authorityin passing the impugned order on the dictates of the Coordinator, B.S.P.
Sri Dubey further submits that as the disconnection of the electric is not justified, the respondent authority would ensure immediate restoration of the electric connection.
In view of the admitted facts as are stated in the impugned order itself, Sri Dubey need not to file any counter affidavit and we proceed to dispose of the petition.
The impugned order on the face of it cannot be sustained in law as Coordinator BSP has no authority to intervene and issue any direction for disconnection of any person''s electric connection and even if such a direction is issued by him it was not to be acted upon by the Superintending Engineer. Secondly, the pendency of matrimonial dispute between the petitioner and his wife cannot be a valid ground for ordering disconnection.
Accordingly, this Court is to set aside the impugned order. Writ petition thus succeeds and is allowed. The impugned order dated 30.1.2009 is hereby quashed. The respondent authority is directed to ensure the restoration of the electric connection of the petitioner which has been disconnected within 48 hours from today.