Allahabad High Court
DHARMENDRA KUMAR AND 3 OTHERSversusSHRI MISHRI LAL, EXECUTIVE ENGINEER
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The Court held that the order of the writ court was substantially complied with, and therefore consigned the contempt application to the record.
Summary
The petitioners, Dharmendra Kumar and others, filed a contempt application alleging willful defiance of an order dated 20‑Nov‑2025 issued in Civil Misc. Writ Petition No. 25573 of 2025, which directed them to reply to a demolition notice within four weeks and barred coercive action for three months. The opposite party produced an order dated 01‑Jan‑2026 indicating that the proceedings had been decided. The High Court examined whether the petitioners had complied with the writ court’s directions. Finding that the order of the writ court had been substantially complied with, the Court consigned the contempt application to the record, allowing the petitioners to challenge the finding before an appropriate forum. The Court also directed that a copy of the instructions be served on the petitioners’ counsel.
Issues considered
- Whether the petitioners willfully defied the order dated 20‑Nov‑2025 in the writ petition.
- Whether the order of the writ court was substantially complied with.
- Whether the contempt application should be entertained or dismissed.
Legislation cited
- Constitution of India — s. Article 226
Subjects
- contempt
- civil contempt
- writ petition
- Article 226
- demolition notice
- compliance
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 5880 of 2026
Dharmendra Kumar and 3 others
.....Applicant(s)
Versus
Shri Mishri Lal, Executive Engineer
.....Opposite
Party(s)
Counsel for Applicant(s) : Lal Mani Singh, Praveen Kumar Singh
Counsel for Opposite Party(s) : Vineet Pandey
Court No. - 53
HON'BLE VIKAS BUDHWAR, J.
1. The present contempt application has been preferred alleging willful
defiance of the order dated 20.11.2025 passed in Civil Misc. Writ Petition
No. 25573 of 2025 (Dharmendra Kumar and 3 others Vs. State of U.P. and
5 others), order whereof is quoted hereinunder:-
"1. Learned counsel for the petitioners has filed supplementary affidavit which is
taken on record.
2. Heard Sri Lal Mani Singh, learned counsel for the petitioners, Sri Pranjal
Mehrotra, learned counsel for respondent nos. 2 and 5, Sri Abhinav Krishna
Srivastava, learned counsel for respondent no. 4, Sri Gopal Saxena, learned Standing
Counsel for the State respondents and perused the record.
3. By means of this writ petition filed under Article 226 of the Constitution, petitioners
have assailed the notice of demolition issued to them by respondent no. 5 on
18.06.2025.
4. Per contra, it is submitted by Sri Pranjal Mehrotra, learned counsel appearing for
concerned respondents that it is a mere notice which has been put to challenge
whereas the petitioners have an ample opportunity to set up defence by filing reply to
the notice. He further submits that giving an opportunity in this, respondent no. 5
shall be deciding the matter of notice within prescribe period of time as may be
directed by this Court.
5. In view of the above, we disposed of the petition with a direction to the petitioners
to furnish replies to the notice dated 18.06.2025 within a period of four weeks from
today and if they does so, the respondent no. 5 shall consider their replies and dispose
of the matter of notice within further period of one month and until such decision is
taken or for a period of three months from today, whichever is earlier, no coercive
CAPL No. 5880 of 2026
2
action shall be taken against the petitioners in pursuance to the notice in question."
2. Today, Sri Vineet Pandey, learned counsel for the opposite party has
produced before this Court, the order dated 01.01.2026 deciding the
proceedings.
3. Since the order of the Writ-Court has been substantially complied with,
the contempt application is consigned to record, leaving it open for the
applicant to question the same before appropriate forum.
4. Let a copy of the instructions be served upon the counsel for the applicant.
5. Instructions filed today are taken on record and marked as Appendix 'A'.
September 8, 2026
N.S.Rathour
(Vikas Budhwar,J.)
Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad
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