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Allahabad High Court

KRISHNA CHANDRAversusSRI CHINTA MANI DWIVEDI DIRECTOR NATIONAL HIGHWAYS AUTHORITY

Decided
Disposal
Dismiss other than merit(DD/Non Prosec./Abated)

Holding

The contempt petition is disposed as there is no wilful disobedience by the District Magistrate or the NHAI.

Summary

Krishna Chandra filed a civil contempt application alleging that the District Magistrate and the National Highways Authority of India (NHAI) wilfully disobeyed an order dated 06-06-2016. The NHAI contended that the order itself directed that the District Magistrate was the appropriate authority to pass the required order, and therefore no wilful disobedience occurred. The High Court examined whether the alleged conduct amounted to contempt of court. Finding no evidence of wilful disobedience, the Court disposed of the contempt petition. It granted the petitioner a one‑week period to file a representation before the concerned District Magistrate, who must decide the matter within four weeks, and allowed a further application for revival if the petitioner remains aggrieved.

Issues considered

  • Whether the actions of the District Magistrate and the NHAI constitute wilful disobedience amounting to contempt of court.

Subjects

  • contempt of court
  • civil contempt
  • District Magistrate
  • National Highways Authority of India
  • wilful disobedience
  • representation
  • procedural order

Judgment

                                                                               Neutral Citation No. - 2024:AHC-LKO:9731


                                         Court No. - 19

                                         Case :- CONTEMPT APPLICATION (CIVIL) No. - 1406 of 2016

                                         Applicant :- Krishna Chandra
                                         Opposite Party :- Sri Chinta Mani Dwivedi Director National Highways
                                         Authority
                                         Counsel for Applicant :- Ghanshyam Yadav,Pankaj Gupta
                                         Counsel for Opposite Party :- Devendra Kumar,Lavkush Pratap
                                         Singh,Samidha

                                         Hon'ble Shree Prakash Singh,J.

                                         Ms. Jyotishna Singh, holding brief of Ms. Samidha,
                                         learned counsel appearing for the National
                                         Highways Authority of India submits that the
                                         National Highways Authority of India has passed
                                         an order on 06-06-2016 and while deciding the
                                         representation of the petitioner, it has been stated
                                         that the District Magistrate is the authority to pass
                                         the order. Since, there is a direction to opposite
                                         party no. 2, therefore, there is no wilful
                                         disobedience on the part of the District Magistrate
                                         or the National Highways Authority of India as well.

                                         In view of aforesaid, the instant contempt petition
                                         is hereby disposed of giving liberty to the
                                         petitioner to move a representation before the
                                         District Magistrate concerned within a period of
                                         one week. If such a representation is given by the
                                         petitioner, the same shall be considered and
                                         decided by the District Magistrate within further
                                         period of four weeks.

                                         It is provided that If the petitioner further feels
                                         aggrieved with the order passed by the District
                                         Magistrate concerned, he may move an
                                         application for revival of the contempt petition.

                                         Order Date :- 1.2.2024
                                         AKS




Digitally signed by :-
ANUJ KRISHNA SRIVASTAVA
High Court of Judicature at Allahabad,
Lucknow Bench


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