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Allahabad High Court

KSHITIJ GUPTAversusDHARAMRAJ RAM

Decided

Holding

Substantial compliance with the Writ Court order negates contempt, and the contempt application is consigned to the record.

Summary

The Writ Court had issued an order on 02.02.2026 in Writ‑C No. 3748 of 2026 directing the removal of an encroachment. The applicant, Kshitij Gupta, filed a contempt application alleging non‑compliance of that order. The applicant’s counsel, Mohit Verma, submitted a compliance affidavit stating that the encroachment had been removed in accordance with the Writ Court’s directions. The respondent, Dharamraj Ram, was present before the High Court. The Court observed that substantial compliance with the Writ Court order had been achieved and therefore consigned the contempt application to the record. No further punitive measures were ordered.

Issues considered

  • Whether the respondent’s alleged non‑compliance with the Writ Court order amounts to contempt of court

Subjects

  • contempt
  • compliance affidavit
  • writ jurisdiction
  • encroachment removal
  • high court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CONTEMPT APPLICATION (CIVIL) No. - 5903 of 2026

                                    Kshitij Gupta
                                                                                                  .....Applicant(s)
                                                                      Versus

                                    Dharamraj Ram
                                                                                                     .....Opposite
                                                                                                           Party(s)

                                    Counsel for Applicant(s)                         :   Mohit Verma
                                    Counsel for Opposite Party(s)                    :

                                    Court No. - 53
                                                       HON'BLE VIKAS BUDHWAR, J.

                                    1. The compliance affidavit filed today is taken on record.

                                    2. Sri Mohit Verma has made a statement at the Bar that, as per the
                                    instructions received by him, the order of the Writ Court dated 02.02.2026
                                    passed in Writ-C No. 3748 of 2026 has been complied with, as the
                                    encroachment has been removed.

                                    3. Sri H.K. Srivastava is present before this Court. Accordingly, the
                                    contempt application is consigned to the record, as there has been
                                    substantial compliance with the order passed by the Writ Court.




                                                                                          (Vikas Budhwar,J.)
                                    September 16, 2026
                                    Neetu




Digitally signed by :-
NEETU SINGH
High Court of Judicature at Allahabad


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