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Allahabad High Court

SHIVSWAROOP SRIVASTAVA AND ANOTHERversusSHRI SHYAM DHANI PAL

Decided

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


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