Allahabad High Court
SHIVSWAROOP SRIVASTAVA AND ANOTHERversusSHRI SHYAM DHANI PAL
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The Court held that substantial compliance with the earlier order precludes proceeding with the contempt application.
Summary
The applicant filed a contempt application alleging that the respondent had willfully defied the High Court's order dated 30‑10‑2025, which directed the Consolidation Officer to decide objections under section 9A(2) of the Uttar Pradesh Cooperative Housing Societies Act within three months. The order required the officer to dispose of the matter expeditiously. The applicant produced instructions showing that the proceedings were decided on 05‑09‑2026, indicating substantial compliance with the court's direction. The Court observed that the compliance was sufficient and therefore consigned the contempt application to the record, leaving the applicant free to raise any further question in appropriate proceedings. No further contempt finding was made.
Issues considered
- Whether the respondent willfully defied the order dated 30‑10‑2025.
- Whether the contempt application should proceed in view of the compliance shown.
Legislation cited
- Uttar Pradesh Cooperative Housing Societies Act — s. 9A(2)
Subjects
- contempt
- willful defiance
- compliance
- mandamus
- Uttar Pradesh Cooperative Housing Societies Act
- appellate order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 4187 of 2026
Shivswaroop Srivastava And Another
.....Applicant(s)
Versus
Shri Shyam Dhani Pal
.....Opposite
Party(s)
Counsel for Applicant(s) : Renu Pandey
Counsel for Opposite Party(s) :
Court No. - 53
HON'BLE VIKAS BUDHWAR, J.
1. The present contempt application has been preferred alleging willful
defiance of the order dated 30.10.2025 passed in Writ-B No. 3816 of 2025,
order whereof is quoted hereinunder.-
"1.Heard learned counsel for the petitioner and Mr. Satyendra Bhushan
Dubey, learned Standing Counsel for the State-respondents.
2.The instant petition has been filed for the following relief:-
"(a) Issue a suitable writ, orders or directions in the nature of mandamus
commanding and directing the respondent no. 5 to decide the objections
filed under section 9A(2) in original case no. 1072/1992 and connecting
case no. 64/2017-18 calling all the parties of Appeal no.460/728/2014-15
Jugul Kishor Vs. Amar Nath and 18 others which is remanded/pending in
the court of consolidation officer, Ramaipatti, Mirzapur within stipulated
period framed by Hon'ble Court."
3. Learned counsel for the petitioner submitted that the aforementioned
proceeding under Section 9-A (2) of U.P.C.H. Act is pending before
respondent No.5-Consolidation Officer, Rambagh, Mirzapur in pursuance
of appellate order dated 27.7.2015. He submitted that proper direction
should be issued for expeditious disposal of pending dispute within time
bound period.
4. Considering the facts and circumstances of the case, without
expressing any opinion on the merits of the issue, the present petition
stands disposed of finally directing respondent No.5-Consolidation
Officer, Rambagh, Mirzapur to decide the aforementioned proceeding in
pursuance of the appellate order dated 27.7.2015 in accordance with law
expeditiously and preferably within a period of three months from the
date of production of certified copy of this order after giving opportunity
of hearing to both the parties."
2. Today, instructions have been produced according to which, the
proceedings have been decided on 05.09.2026. A copy of the same be served
upon the learned counsel for the applicant.
CAPL No. 4187 of 2026
2
3. Since there has been substantial compliance, the present contempt
application is consigned to record leaving it open to the applicant to
question the same before appropriate proceedings.
4. Instructions filed today are taken on record and marked as Appendix 'A'.
(Vikas Budhwar,J.)
September 8, 2026
Rajesh
Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad
Checking your session…