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Allahabad High Court

AJIT SINGHversusSRI SANJAY MISHRA, SUB DIVISIONAL MAGISTRATE, TEHSIL-KHAIR

Decided

Holding

The contempt application was dismissed because the writ court order had been complied with.

Summary

The applicant, Ajit Singh, filed a contempt application against Sub Divisional Magistrate Sanjay Mishra after a writ court order dated 21.08.2024. The opposite party filed a compliance affidavit on 10.03.2026 stating that the writ order had been complied with and that proceedings under Section 38 of the U.P. Revenue Code, 2006 were concluded on 08.04.2026. The court examined the affidavit and the annexed copy of the concluded proceedings. Finding that the writ order had indeed been fulfilled, the court held that the contempt application was no longer viable. Consequently, the contempt notice was discharged and the application dismissed.

Issues considered

  • What is the effect of a compliance affidavit indicating fulfillment of a writ court order on a pending contempt application?

Legislation cited

Subjects

  • contempt of court
  • compliance affidavit
  • writ order
  • Section 38
  • U.P. Revenue Code

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                   CONTEMPT APPLICATION (CIVIL) No. - 6052 of 2025

                                    Ajit Singh
                                                                                               .....Applicant(s)
                                                                       Versus

                                    Sri Sanjay Mishra, Sub Divisional Magistrate,
                                    Tehsil-Khair                                                   .....Opposite
                                                                                                         Party(s)

                                    Counsel for Applicant(s)      : Dheeraj Kumar Yadav, Hari Prasad
                                                                    Yadav
                                    Counsel for Opposite Party(s) :

                                    Court No. - 9
                                                     HON'BLE ROHIT RANJAN AGARWAL, J.

                                    1. Mr. Sanjay Mishra, Additional District Magistrate (Namami Gange),
                                    Lalitpur, the then Sub Divisional Officer, Tehsil-Khair, District-Aligarh is
                                    present in the Court who is identified by Sri Raj Mohan Upadhyay,
                                    learned Additional Chief Standing Counsel.

                                    2. Pursuant to order dated 10.03.2026, a compliance affidavit has been
                                    filed by opposite party wherein it has been stated that order of writ Court
                                    dated 21.08.2024 has been complied with and proceeding under Section
                                    38 of U.P. Revenue Code, 2006 has been concluded on 08.04.2026, copy
                                    of which has been appended as annexure-3 to compliance affidavit.

                                    3. In view of said fact, as the order of writ Court has been complied with,
                                    the contempt application is rendered infructuous and stands dismissed.

                                    4. Contempt notice stands discharged.


                                                                                    (Rohit Ranjan Agarwal,J.)
                                    April 20, 2026
                                    (V.S.SINGH)




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

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