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Allahabad High Court

MAGAN BIHARI AND OTHERSversusMR. ANIL GARG, ADDL. CHIEF SECY. IRRIGATION AND WATER RESOURCES DEPTT. LKO.

Decided
Disposal
DISMISSED AS INFRUCTUOUS

Holding

The court allowed the applicant's request for time to file a reply to the affidavit of compliance, while taking the affidavit on record.

Summary

In a civil contempt application, the applicant Magan Bihari and others alleged that a sum ordered by the writ court had not been credited to their account. The opposite party, Addl. Chief Secretary Anil Garg, filed an affidavit stating that the writ court's order had been complied with, which the court took on record. The applicant contested the affidavit, claiming non‑credit of the amount and sought additional time to file a reply. The court accepted the affidavit but allowed the applicant's prayer for time to respond, indicating that the compliance issue remains unresolved. The matter was listed for further hearing on 18 July 2025.

Issues considered

  • Whether the order of the writ court has been complied with as alleged by the opposite party
  • Whether the amount in question has been credited to the applicant's account
  • Whether the applicant is entitled to additional time to file a reply to the affidavit of compliance

Subjects

  • contempt
  • compliance
  • affidavit
  • writ court order
  • civil procedure
  • High Court

Judgment

                                         Court No. - 17

                                         Case :- CONTEMPT APPLICATION (CIVIL) No. - 3093 of 2024

                                         Applicant :- Magan Bihari And Others
                                         Opposite Party :- Mr. Anil Garg, Addl. Chief Secy. Irrigation And Water
                                         Resources Deptt. Lko.
                                         Counsel for Applicant :- Surya Kant Singh,Shubham Singh

                                         Hon'ble Rajeev Singh,J.

                                         1. Sri Sunil Bajpai, learned Addl. Chief Standing
                                         Counsel filed affidavit of compliance, same is
                                         taken on record.

                                         2. Learned Addl. Chief Standing Counsel submits
                                         that order of the writ court has already been
                                         complied with.

                                         3. Learned counsel for the applicant submits that
                                         amount in question has not been credited in the
                                         account of the applicant and requested for some
                                         time to file reply to the affidavit of compliance.

                                         4. Prayer is allowed.

                                         5. List this case on 18.7.2025.

                                         Order Date :- 21.5.2025
                                         GauraV/-




Digitally signed by :-
GAURAV PAL
High Court of Judicature at Allahabad,
Lucknow Bench


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