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Allahabad High Court

SHANI KUMARversusANIL KUMAR PATHAK PRESENTLY POSTED AS TEHSILDAR, TEHSIL - BARA

Decided

Holding

The contempt petition is consigned to the record as the opposite party complied with the earlier order by issuing the caste certificate.

Summary

The applicant, Shani Kumar, filed a contempt petition alleging that the opposite party, Tehsildar Anil Kumar Pathak, failed to comply with a court order dated 10‑12‑2025 in Writ C No. 31873 of 2025, which required the consideration of the applicant's application for a caste certificate. The court examined the record and noted that instructions dated 07‑09‑2026, issued by the opposite party, showed that the caste certificate had indeed been issued. The applicant’s counsel did not dispute this fact. Consequently, the court ordered that a copy of the instructions be served on the applicant’s counsel and held that the contempt petition was no longer tenable. The petition was therefore consigned to the record, effectively dismissing the contempt application.

Issues considered

  • Whether the opposite party's failure to issue a caste certificate constituted contempt of the order dated 10‑12‑2025
  • Whether the issuance of the caste certificate on 07‑09‑2026 satisfied the earlier court order

Subjects

  • contempt
  • civil contempt
  • non‑compliance
  • writ
  • caste certificate
  • High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                           CONTEMPT APPLICATION (CIVIL) No. - 5188 of 2026

                                    Shani Kumar
                                                                                                .....Applicant(s)
                                                                      Versus

                                    Anil Kumar Pathak Presently Posted As Tehsildar,
                                    Tehsil - Bara                                                  .....Opposite
                                                                                                         Party(s)

                                    Counsel for Applicant(s)          :   Deepak Singh, Mohammad Khalid
                                    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 10/12/2025 passed in Writ C No. 31873 of 2025 which
                                    required the opposite party to consider the application of the applicant.
                                    3. Today instructions have been produced dated 07/09/2026 containing the
                                    order dated 07/09/2026 issuing the caste certificate.
                                    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.
                                    6. Instructions have been filed today is taken on record and marked as
                                    Appendix-A.
                                    September 8, 2026
                                    Ashu
                                                                                        (Vikas Budhwar,J.)




Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad


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