Allahabad High Court
LAXMI SHANKAR KATIYAR AND ANOTHERversusRAVINDRA SINGH AND ANOTHER
- Decided
- Bench
- ANISH KUMAR GUPTA
Holding
The contempt application is dismissed as there is no good reason to entertain it in view of the prior undertaking and the pending special appeals.
Summary
The applicants filed a contempt petition alleging that the respondents had failed to comply with an order dated 9 September 2019 in Writ Petition No. 12175 of 2018, which required implementation of a Pension/Gratuity Scheme within eight weeks. Two special appeals (Nos. 1071 and 1072 of 2019) were subsequently filed, and on 17 October 2019 the applicants gave an assurance that they would not pursue contempt proceedings while those appeals were pending. The court noted that the special appeals remain unresolved and that the applicants had expressly undertaken not to initiate contempt action during their pendency. Considering the prior undertaking and the existence of the pending appeals, the court found no justification to entertain the contempt application. Consequently, the contempt petition was dismissed at this stage.
Issues considered
- The applicability of a contempt proceeding when the petitioner has previously assured the court that it would not proceed while related appeals are pending.
- Whether the pendency of special appeals bars the initiation of a contempt petition against the same parties.
Subjects
- civil contempt
- assurance
- pending appeal
- Pension/Gratuity Scheme
- high court
- contempt petition dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6128 of 2026
Laxmi Shankar Katiyar And Another
.....Applicant(s)
Versus
Ravindra Singh And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sr. Advocate, Umang Srivastava
Counsel for Opposite Party(s) :
Court No. - 34
Sl. No. 1 (Transfer of Court No. 53)
HON'BLE ANISH KUMAR GUPTA, J.
1. Heard Shri Ashok Khare, learned senior counsel assisted by Shri
Umang Srivastava for the applicants.
2. By way of the instant contempt petition, learned senior counsel for the
applicants reports non compliance of the order dated 9.9.2019 passed in
Writ Petition No. 12175 of 2018 (Devendra Prasad Srivastava and others
Vs. State of U.P. and others) by a coordinate Bench of this Court whereby
eight week's time was granted to the respondents to implement the
Pension/Gratuity Scheme in terms of Regulations, 2013 within eight
weeks from the date of filing of the said order. Against the said order
dated 9.9.2019 two special appeals have been filed one by State of U.P.
and other by U.P. State Agricultural Produce Markets Board being
Special Appeals No. 1071 of 2019 and 1072 of 2019 respectively, which
were listed on 17.10.2019 and on that date an assurance was given on
behalf of applicants herein that they shall not proceed in the meanwhile
by means of any contempt proceedings. Thereafter from the order sheet it
is apparent that some time was sought on behalf of the applicants herein
to file the counter affidavit in the special appeals and later they made a
statement that they do not wish to file the counter affidavit. Thereafter
there was death of some of the petitioner/applicants and the substitution
applications were moved and allowed and the special appeals are still
pending adjudication. From the assurance dated 17.10.2019 given on
CAPL No. 6128 of 2026
2
behalf of the applicants herein it is apparent that the assurance was given
that during the pendency of the aforesaid special appeals the applicants
herein shall not initiate the contempt proceedings.
3. In such view of the matter, this Court does not find any good reason to
entertain the instant contempt application specially in view of the
aforesaid undertaking dated 17.10.2019 and the pendency of the aforesaid
special appeals before the Division Bench of this Court.
4. Accordingly, the instant contempt application is dismissed at this
stage.
(Anish Kumar Gupta,J.)
September 9, 2026
o.k.
Digitally signed by :-
OM KRISHNA CHOUDHARY
High Court of Judicature at Allahabad
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