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Allahabad High Court

KAMLA PATI TRIPATHI BOYS & GIRLS INTER COLLEGEversusSUNIL KUMAR VERMA,DIVISIONAL RAIL MANAGER AND ANOTHER

Decided

Holding

Since the petitioner complied with the Division Bench’s directions, no contempt of court arose and the contempt application was dismissed.

Summary

The Division Bench in Writ‑C No.28823 of 2024 directed the petitioner, Kamla Pati Tripathi Boys & Girls Inter College, to submit documents within four weeks and thereafter be given a hearing before a reasoned order could be passed. The petitioner later filed a contempt application alleging non‑compliance with that order. An affidavit of compliance filed on 29‑Oct‑2025 showed that the authorities had taken a decision on 25‑Aug‑2025, satisfying the court’s directions. The High Court examined the affidavit and the annexed decision and concluded that the order of the writ court had been fully complied with. Consequently, the contempt application was held to be infructuous and was dismissed. The contempt notice was also discharged.

Issues considered

  • Whether the petitioner’s failure to comply with the Division Bench’s directions gave rise to contempt of court.
  • Whether a contempt application can be entertained after the order sought to be enforced has been complied with.

Legislation cited

Subjects

  • contempt of court
  • writ petition
  • Article 226
  • compliance
  • High Court
  • civil contempt
  • railway land licensing

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CONTEMPT APPLICATION (CIVIL) No. - 3226 of 2025

Kamla Pati Tripathi Boys & Girls Inter College
                                                                       .....Applicant(s)
                                        Versus

Sunil Kumar Verma,Divisional Rail Manager And
Another                                                                   .....Opposite
                                                                                Party(s)

Counsel for Applicant(s)      : Abhishek Srivastava, Vinay Kumar
                                Srivastava
Counsel for Opposite Party(s) : Vinay Kumar Singh

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

1. The Division Bench on 12.12.2024 while disposing of Writ-C No.28823
of 2024 had passed the following order:-

     "1. Heard learned counsel appearing on behalf of the petitioner and Sri
     S.P. Singh, learned A.S.G.I. assisted by Sri Vinay Kumar Singh, learned
     counsel appearing on behalf of the Union of India.
     2. This is a writ petition under Article 226 of the Constitution of India
     wherein the petitioner is aggrieved by the two show cause notices dated
     11.3.2024 and 3.6.2024 passed by the respondent no.4 being the Senior
     Divisional Engineer (III), Northern Railway, Hazratganj, Lucknow,
     wherein the authorities have asked the petitioner to produce the
     documents so that the land licensing fee may be calculated from the date
     of expiry of old agreement in terms of Railway Board Policy dated
     5.11.2001.
     3. In light of the above, this writ petition is pre-mature as no decision has
     been taken by the authorities concerned. The petitioner is accordingly
     directed to deposit all the documents within a period of four weeks from
     date and upon such documents being submitted, the respondent
     concerned is directed to grant an opportunity of hearing to the petitioner
     and thereafter pass a reasoned order in accordance with law within a
     period of twelve weeks from the date of submission of documents by the
     petitioner.
     4. With the above direction, the writ petition is disposed of."
                                                                                             CAPL No. 3226 of 2025
                                                                    2


                                    2. In paragraph 9 of the affidavit of compliance filed on 29.10.2025, it has
                                    been stated that the decision has been taken by the authorities on 25.08.2025,
                                    copy of which, has been brought on record as Annexure 2 to the said
                                    affidavit.

                                    3. In view of said fact, as the order of writ Court has been complied with,
                                    present contempt application is rendered infructuous and the same stands
                                    dismissed.

                                    4. Contempt notice stands discharged.



                                                                                     (Rohit Ranjan Agarwal,J.)
                                    May 14, 2026
                                    SK Goswami




Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad


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