Allahabad High Court
SHIV ANANDversusARVIND KUMAR CHAUHAN DISTRICT MAGISTRATE
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The contempt application is consigned to the record, leaving it open for the applicant to question the magistrate's order before the appropriate forum.
Summary
The applicant, Shiv Anand, filed a contempt petition alleging that the District Magistrate, Arvind Kumar Chauhan, failed to comply with the order dated 10 March 2026 in Writ‑A No. 3279 of 2026, which required the magistrate to consider the applicant's application. The High Court examined the petition and noted that the magistrate had issued instructions on 31 August 2026, a fact not contested by the applicant's counsel. The court ordered that a copy of these instructions be served on the applicant's counsel. It then consigned the contempt application to the record, allowing the applicant to challenge the magistrate's order in the appropriate forum. The instructions were taken on record as Appendix‑Z. The judgment was delivered on 8 September 2026 by Justice Vikas Budhwar.
Issues considered
- Whether the District Magistrate's failure to act on the order dated 10‑03‑2026 constitutes contempt of court
- Whether the contempt petition should be dismissed or consigned to record for further challenge
Subjects
- contempt
- non‑compliance
- writ petition
- High Court
- district magistrate
- procedural order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 5169 of 2026
Shiv Anand
.....Applicant(s)
Versus
Arvind Kumar Chauhan District Magistrate
.....Opposite
Party(s)
Counsel for Applicant(s) : Surendra Kumar
Counsel for Opposite Party(s) :
Court No. - 53
HON'BLE VIKAS BUDHWAR, J.
1. Heard learned counsel for the applicant as well as learned Standing
Counsel.
2. The present contempt petition has been preferred alleging non-compliance
of the order dated 10/03/2026 passed in Writ-A No. 3279 of 2026 which
required the opposite party to consider the application of the applicant.
3. Today instructions have been produced containing the order dated
31.08.2026.
4. The said fact has not been disputed by the learned counsel for the
applicant. Let a copy of the instructions be served upon the learned counsel
for the applicant.
5. Accordingly, the contempt application stands consigned to record,
leaving it open for the applicant to question the said order before appropriate
forum in accordance with law.
6. Instructions have been filed today is taken on record and marked as
Appendix-Z.
September 8, 2026
Ashu
(Vikas Budhwar,J.)
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
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