Allahabad High Court
SHIV PRASAD TRIPATHIversusSRI DEEPAK KUMAR, ADDITIONAL CHIEF SECRETARY (HOME) AND 2 OTHERS
- Decided
- Bench
- ANISH KUMAR GUPTA
Holding
No contempt is made out as the required representation was not filed, and the contempt petition is dismissed.
Summary
The applicant, Shiv Prasad Tripathi, filed a contempt application seeking to hold the respondents in contempt of an order dated 17 September 2025 issued in Writ A No. 13914 of 2025. That order required each petitioner to file an individual representation with a certified copy of the order, after which their claims would be considered in accordance with the judgment of Ghanshyam Tiwari. The court found that the applicant could not demonstrate that any such representation had been filed by the petitioners before the concerned authority. Consequently, the court held that no contempt had been committed and dismissed the contempt petition. The court, however, permitted the applicant to file the required representation for future consideration.
Issues considered
- Whether the failure to file the representation mandated by the order of 17 September 2025 amounts to contempt of court.
Subjects
- contempt
- civil procedure
- representation
- order compliance
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6139 of 2026
Shiv Prasad Tripathi
.....Applicant(s)
Versus
Sri Deepak Kumar, Additional Chief Secretary
(Home) And 2 Others .....Opposite
Party(s)
Counsel for Applicant(s) : Tej Pratap Singh
Counsel for Opposite Party(s) :
Court No. - 34
Sl. No. 12 (Transfer of Court No. 53)
HON'BLE ANISH KUMAR GUPTA, J.
1. The instant contempt application has been filed by the applicant
seeking the contempt of the order dated 17.9.2025 passed in Writ A No.
13914 of 2025. The operative portion of the order dated 17.9.2025 reads
as under:
"5. In view of the above, this petition stands disposed of with a
direction that each of the petitioners is required to move their
individual representation along with the certified copy of this
order and in the event representation is made, petitioners'
claim shall be considered and disposed of in terms of the
judgment of Ghanshyam Tiwari (supra) by passing appropriate
orders within a period of two weeks of receipt of fresh
representation."
2. Learned counsel for the applicant is not in a position to point out that
pursuant to the order dated 17.9.2025 any representation was ever
submitted by the petitioner/applicant herein before the concerned
authority.
3. In such view of the matter, no contempt is made out. Accordingly, the
instant contempt petition is dismissed.
CAPL No. 6139 of 2026
2
4. However, applicant/petitioner may submit appropriate representation in
terms of the order dated 17.9.2025 which shall be considered in
accordance with the direction issued by this Court vide order dated
17.9.2025.
(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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