Allahabad High Court
SARVESH KUMAR DUBEYversusSHRI ABHIJEET MITRA
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The contempt application is dismissed as infructuous because the order of the writ court has been complied with.
Summary
The High Court noted that in Writ-A No. 11718 of 2025 it had directed the petitioner to present his case before the respondent within three months. The opposite party subsequently filed a compliance affidavit stating that the claim was decided on 29 April 2026, attaching the decision as annexure. On the basis of this compliance, the Court held that the order of the writ court had been fulfilled. Consequently, the contempt application filed by the petitioner was deemed infructuous. The Court therefore dismissed the contempt application.
Issues considered
- Whether the petitioner is in contempt for alleged non‑compliance with the writ court’s order
Subjects
- civil contempt
- compliance affidavit
- writ petition
- order compliance
- contempt application
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2399 of 2026
Sarvesh Kumar Dubey
.....Applicant(s)
Versus
Shri Abhijeet Mitra
.....Opposite
Party(s)
Counsel for Applicant(s) : Sarthak Ahuja, Saurabh Tripathi, Sr.
Advocate
Counsel for Opposite Party(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. The writ Court on 03.11.2025 while disposing of Writ-A No. 11718 of
2025 passed the following order:-
"1. Heard Sri Prabhakar Awasthi, learned counsel for petitioner and
S/Sri A.K. Singh and Uday Pratap Singh, learned counsel for respondents
at length.
2. At this stage, without entering into merit of case, this writ petition is
disposed of with an observation that an opportunity is granted to
petitioner to place his case on facts as well as on law before concerned
respondent and if concerned respondent is satisfied, impugned order may
be revisited.
3. Aforesaid exercise shall be undertaken within a period of 3 months."
2. Today, a compliance affidavit has been filed on behalf of the opposite
party, which is taken on record, wherein, it has been stated that the claim of
the applicant has been decided on 29.04.2026, copy of which has been
appended as Annexure No. 1 to the compliance affidavit.
3. In view of said fact, as the order of writ Court has been complied with,
the present contempt application is rendered infructuous and stands
dismissed.
May 6, 2026
A. V. Singh
(Rohit Ranjan Agarwal,J.)
Digitally signed by :-
AJAY VIKRAM SINGH
High Court of Judicature at Allahabad
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