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Allahabad High Court

ANSHUL GUPTAversusSHRI MANISH KUMAR VERMA, DISTRICT COLLECTOR

Decided

Holding

The contempt application is dismissed as infructuous because the directed recovery has been fully complied with.

Summary

The writ court had directed the District Collector to recover a sum from defaulter firms as per a recovery certificate issued by RERA. The applicant filed a contempt application alleging non‑compliance. The opposite party submitted an affidavit showing that the outstanding amount of Rs.70,21,712 was fully recovered, amounting to Rs.76,25,000 including interest, and the money was sent to RERA via bank draft. The court found that the compliance was complete, rendering the contempt petition moot. Consequently, the contempt notice was discharged and the application dismissed.

Issues considered

  • Whether the contempt application is maintainable when the directed recovery has been effected and the amount sent to RERA.

Subjects

  • contempt
  • compliance
  • RERA
  • recovery certificate
  • civil contempt
  • writ court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CONTEMPT APPLICATION (CIVIL) No. - 3468 of 2025

                                    Anshul Gupta
                                                                                                   .....Applicant(s)
                                                                        Versus

                                    Shri Manish Kumar Verma, District Collector
                                                                                                      .....Opposite
                                                                                                            Party(s)

                                    Counsel for Applicant(s)                       :    Ashutosh Sharma
                                    Counsel for Opposite Party(s)                  :

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

                                    1. The writ Court had required the opposite party to recover the amount from
                                    the defaulter firms pursuant to the recovery certificated issued by RERA.

                                    2. In the affidavit of compliance, in paragraph 8, it has been stated that there
                                    was an outstanding amount of Rs.70,21,712/-. In paragraph 9 of the said
                                    affidavit, it has been stated that an amount of Rs.76,25,000/- has been
                                    recovered which includes interest from the defaulter firms and the same has
                                    been sent to RERA through bank draft.

                                    3. As the amount in question has been recovered and sent to RERA, 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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