AJITversusMRS. SHRUTI, DISTRICT MAGISTRATE

            HIGH COURT OF JUDICATURE AT ALLAHABAD
               CONTEMPT APPLICATION (CIVIL) No. - 110 of 2026

Ajit
                                                                                .....Applicant(s)
                                               Versus

Mrs. Shruti, District Magistrate
                                                                                     .....Opposite
                                                                                           Party(s)

Counsel for Applicant(s)      : Arvind                      Kumar         Mishra,      Devendra
                                Mishra
Counsel for Opposite Party(s) :

Court No. - 53
                          HON'BLE VIKAS BUDHWAR, J.

1. Affidavit filed on behalf of the opposite party is taken on record.

2. This Court on 02.09.2026 proceeded to pass the following orders:-

"1. The present contempt application has been preferred alleging willful disobedience
of the order dated 17.10.2025 passed by the learned Special Judge (Gangster
Act)/Additional Session Judge, Court No. 8, Bulandshahr in Criminal Misc. Case No.
314 of 2023 , the operative portion reads as under:

"विद्वान जिला मजिस्ट्रेट द्वारा वाद संख्या 322 / 2023 राज्य बनाम अजीत में पारित आदेश दिनांक
22.05.2023 को अपास्त किया जाता है। प्रार्थी / विपक्षी का कुर्क किया गया ग्राम मडौना जाफराबाद, थाना
बी.बी. नगर, बुलन्दशहर में स्थित भूतल पक्का मकान, जिसका मूल्यांकन लोक निर्माण विभाग, बुलन्दशहर
द्वारा 24.88 लाख रुपये है, को विपक्षी अजीत के हक में उत्तर प्रदेश गिरोह बन्द एवं समाज विरोधी
क्रियाकलाप (निवारण) नियमावली के नियम 53(3) में वर्णित 30 दिन की अपील अवधि पूर्ण होने पर
नियमानुसार निर्मुक्त किया जाये तथा नियम 53(4) का अनुपालन सुनिश्चित करते हुए आख्या इस न्यायालय
को प्रेषित की जाये। आदेश की एक प्रति जिला मजिस्ट्रेट बुलन्दशहर को प्रेषित की जाये।

पत्रावली नियमानुसार दाखिल दफ्तर हो।"

2. This Court on 09.01.2026 proceeded to pass the following orders:
"1. Learned counsel for the applicant is directed to serve a copy of contempt
application upon Sri Brijesh Kumar, learned Standing Counsel, within 48 hours, who
shall seek instructions in the matter, within next one month.
2. List this matter after one month."
3. Thereafter this Court on 10.02.2026 proceeded to pass the following orders:
"1. Instructions have come which are taken on record.
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2. Let a personal affidavit of opposite party be filed within a period of one month.
3. List after one month."
4. On 11.03.2026, this Court passed the following orders:
"1. On 10.02.2026, time was granted for filing personal affidavit. No personal
affidavit of the District Magistrate has been filed.
2. Learned Standing Counsel prays for further time. He is granted three weeks' time
for doing so.
3. List after three weeks."
5. Thereafter this Court on 2/4/2026 proceeded to pass the following orders:
"1. Personal affidavit of District Magistrate, Bulandsahar has been filed today, which
is taken on record.
2. List this matter after three weeks.
3. In the meantime, applicant may file reply to the said affidavit."
6. On 24/4/2026, this Court passed the following orders:
"1. Rejoinder affidavit filed by the applicant today is taken on record.
2. Learned Standing Counsel is granted three weeks' time to seek instructions in the
matter as to whether permission has been granted by the State for filing of appeal
against the judgment rendered by the Special Judge (Gangster Act)/ADJ, Bulandsahar
in Misc. Case No. 314 of 2023.
3. List after three weeks."
7. Lastly, on 21/8/2026, this Court passed the following orders:
"1. The present contempt application has been preferred alleging willful defiance of
the order dated 17.10.2025 passed by the learned Special Judge (Gangster
Act)/Additional Session Judge, Court No. 8, Bulandshahr in Criminal Misc. Case No.
314 of 2023 whereby the proceedings have been quashed. In para 5 of the deferment
application No. 242 dated 24.02.2026, it has been contended that permission has been
sought for filing of the appeal.
2. On a pointed query being raised to Sri Brijesh Kumar, learned Standing Counsel as
to whether any appeal has been preferred, the answer is in negative, he is not able to
apprise the Court.
3. Put up this case on 02.09.2026 at 2:00 P.M. in the additional cause list by which
date, Sri Brijesh Kumar shall apprise the Court about filing of the appeal."
8. Today instructions have been produced dated 01/09/2026 of the opposite party,
according to which, 15 days' time is being sought so as to gather information whether
the appeal has been preferred or not.
9. Today, learned counsel for the applicant has produced before this Court an order
passed in Criminal Appeal Defective No. 750 of 2026 in which on 02/07/2026, the
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                                     3

following orders have been passed:
"Heard learned counsel for the State-appellant.
Issue notice to the respondent returnable at an early date.
List this case after two months."
10. Apparently, the appeal has not been admitted and only notices have been issued
that too in a criminal appeal. Thus, the order of the Criminal Appeal has not been
complied with.
11. Shri Brijesh Kumar, learned Standing Counsel seeks deferment of the contempt
proceedings in order to enable the opposite party to obtain favourable orders or to
file an affidavit of compliance.
12. List this case on 24/09/2026 at 02:00 PM in the additional cause list."

5. Today an affidavit has been filed on behalf of the opposite party dated
23.09.2026 in which in paragraph nos. 5 & 6, the following has been
averred:-

"5. That in compliance of the order dated 17.10.2025 passed by Learned Special
Judge (Gangster Act) / Additional Session Judge Court No. 8, Bulandshahar as well
as orders passed by the Hon'ble Contempt court, the deponent proceeded with the
matter and passed an order dated 22.09.2026 by which direction has been issued to
the Sub Divisional Magistrate, Tehsil Syana District Bulandshahar to release the
attached property of the applicant subject to final outcome of the Criminal Appeal
Defective No. 750 of 2026 pending before the Hon'ble Court. Copy of the order dated
22.09.2026 passed by the deponent is being filed herewith and marked as ANNEXURE
NO. 2 to this affidavit.
6. That it is further submitted that in compliance of the aforesaid orders, the attached
property of the applicant shall be released by the Sub Divisional Magistrate, Tehsil
Syana District Bulandshahar after completing the necessary documentary formalities
within a week."

6. A week's time has been requested to release the property.

7. In view of the categorical statement and the assertions made in the
affidavit so filed today, the contempt application is consigned to record on
the basis of the instructions that the property shall be released by all
eventualities by 07.10.2026.

8. In case the order of the writ Court still remains uncomplied with, liberty is
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                                    accorded to the applicant to revive the present contempt application while
                                    making mention before this Court.

                                    September 24, 2026
                                    N.S.Rathour

                                                                                         (Vikas Budhwar,J.)




Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad