Allahabad High Court
KRISHNA CHANDRAversusSRI CHINTA MANI DWIVEDI DIRECTOR NATIONAL HIGHWAYS AUTHORITY
- Decided
- Disposal
- Dismiss other than merit(DD/Non Prosec./Abated)
- Bench
- MANISH KUMAR
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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