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Allahabad High Court

JAGATRAJversusRAMA SHANKAR AND 4 OTHERS

Decided

Holding

The contempt application was dismissed as no case for contempt was made out.

Summary

The father of the applicant filed a writ petition seeking a status‑quo order on 23 May 2003 to restrain construction on a disputed property. The opposite parties allegedly proceeded with construction, prompting a contempt application that also named the District Inspector of Schools, Lalitpur as a respondent. The court observed that the District Inspector was not a party to the original writ petition and that the contempt petition failed to specifically allege who violated the interim order. Since no specific breach was identified, the court held that no case for contempt was made out. Consequently, the contempt application was dismissed.

Issues considered

  • Whether a contempt proceeding can be instituted against a person who was not a party to the original writ petition
  • Whether a specific averment of violation of the interim order is required to sustain a contempt petition

Subjects

  • contempt
  • status quo
  • property dispute
  • writ petition
  • interim order
  • jurisdiction

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                CONTEMPT APPLICATION (CIVIL) No. - 3017 of 2026

                                    Jagatraj
                                                                                                  .....Applicant(s)
                                                                        Versus

                                    Rama Shankar And 4 Others
                                                                                                     .....Opposite
                                                                                                           Party(s)

                                    Counsel for Applicant(s)      : Narsingh Pandey,            Rama      Shankar
                                                                    Upadhyay
                                    Counsel for Opposite Party(s) :


                                    Court No. - 9
                                                    HON'BLE ROHIT RANJAN AGARWAL, J.

                                    1. In the writ petition filed by father of the applicant an order of status quo
                                    was passed by the writ Court on 23.5.2003. According to applicant, the
                                    opposite parties are raising construction over the disputed property.

                                    2. District Inspector of Schools, Lalitpur has been arrayed as opposite
                                    party no. 1 in contempt proceedings. This Court finds that in the writ
                                    petition, filed by father of the applicant, the District Inspector of Schools,
                                    Lalitpur is not a party. In paragraph no. 10 of contempt application it has
                                    been averred that all the respondents are raising construction over the
                                    property in dispute.

                                    3. There is no specific averment with regard to the person, who had
                                    violated the interim order granted by the writ Court. No case for contempt
                                    is made out.

                                    4. Contempt application stands dismissed.



                                                                                     (Rohit Ranjan Agarwal,J.)
                                    May 6, 2026
                                    Shekhar




Digitally signed by :-
SHASHI SHEKHAR PANDEY
High Court of Judicature at Allahabad


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