The Allahabad High Court ordered fresh consideration of a power connection denied amid an ownership dispute. The ruling affirmed electricity as vital to dignified life while retaining legal and payment obligations.Lucknow,Oct 22, 2026 22:40 ISTThe Allahabad High Court has ruled that an electricity connection cannot be denied merely because a civil dispute over the ownership of a property is pending, news agency Press Trust of India reported.The court said access to electricity is an integral part of a dignified life protected under Article 21 of the Constitution, as power is essential for lighting, water, cooking, education, healthcare and livelihood.A division bench of Justices Alok Mathur and Abdhesh Kumar Chaudhary in Lucknow made the observations while allowing a petition filed by Raebareli resident Rakesh Kumar Mishra.
He had sought a new domestic electricity connection for his house in Kranti Puri on Jail Garden Road, according to PTI.In its order passed on Monday, the court said Clause 4.4 of the Electricity Supply Code, 2005, allows an applicant to submit an indemnity form as an alternative document when seeking a new connection. It said an application cannot be rejected solely because of a pending ownership dispute if the applicant is willing to furnish the prescribed indemnity bond.
The electricity department had rejected Mishra's application on July 28, 2026, saying he had not submitted the required ownership documents. A civil suit over the ownership of the property is pending before a competent court.Mishra's counsel argued that the Electricity Supply Code permits an applicant to obtain a connection by submitting an indemnity form in the prescribed format.
The opposing party contested the plea, citing the pending property dispute. The court set aside the rejection order, calling it illegal and arbitrary, and sent the matter back to the executive engineer concerned for fresh consideration.
It directed the officer to decide the application in accordance with the law within 10 days of receiving a certified copy of the order. If the application is approved, the connection must be provided immediately, the order said.The court clarified that the right to electricity does not mean a right to free or unlimited power.
Consumers must comply with applicable laws, pay the prescribed charges and meet technical and safety requirements.In summary, the court held that while consumers must fulfil legal, financial and safety conditions, access to electricity necessary for dignified living and habitation cannot be denied arbitrarily or against the law solely because a property ownership dispute is pending.- Ends