Allahabad High Court
SARVESH KUMAR CHOUDHARYversusSRI ANUJ KUMAR JHA, DIRECTOR OF LOCAL BODY UTTAR PRADESH, HEADQUARTER GOMTI NAGAR VISTAR SECTOR-7
- Decided
- Bench
- VIKAS BUDHWAR
Holding
Since the writ order was substantially complied with, the contempt application was consigned to the record.
Summary
Sarvesh Kumar Choudhary filed a contempt application alleging that Anuj Kumar Jha, Director of Local Body Uttar Pradesh, willfully defied a High Court order dated 22.01.2026 in Writ‑A No.19076 of 2025, which directed the respondent to decide a representation within two months. The court examined the instructions and a copy of the order dated 28.09.2026 that addressed the representation. Finding that the writ order had been substantially complied with, the court consigned the contempt application to the record, allowing the applicant to raise any further grievance before the appropriate forum. The court ordered that a copy of the instructions be served on the applicant’s counsel and recorded the instructions as Appendix ‘A’. The contempt proceedings were therefore effectively dismissed pending any further action by the applicant.
Issues considered
- Whether the respondent willfully defied the High Court order dated 22.01.2026.
- Whether the contempt application should proceed given the compliance with the writ order.
Subjects
- contempt
- writ petition
- mandamus
- gratuity
- pension
- representation
- compliance
- High Court
- Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6313 of 2026
Sarvesh Kumar Choudhary
.....Applicant(s)
Versus
Sri Anuj Kumar Jha, Director Of Local Body Uttar
Pradesh, Headquarter Gomti Nagar Vistar Sector-7 .....Opposite
Party(s)
Counsel for Applicant(s) : Ranjeet Kumar Mishra
Counsel for Opposite Party(s) :
Court No. - 53
HON'BLE VIKAS BUDHWAR, J.
1. The present contempt application has been preferred alleging willful
defiance of the order dated 22.01.2026 passed in Writ-A No. 19076 of 2025,
order whereof is quoted hereunder:
"1. Heard learned counsel for the petitioner, Sri Abhinava Krishna Srivastava,
learned counsel for respondent no. 3 and learned Standing Counsel for the
respondent-State.
2. The writ petition is filed with the following prayers:-
"1. A writ, order or direction in the nature of mandamus directing the Respondent
no.2 to make the payment of Gratuity, pension, Arrears of Pension and Commutation
to the petitioner as retiral benefit expeditiously within period stipulated by this
Hon'ble court along with up-to-date interest."
3. It is submitted by learned counsel for the petitioner that petitioner has filed a
representation dated 29.9.2025 before the respondent no. 2, however, till date the
aforesaid representation of the petitioner has not been decided by the concerned
authority.
4. Learned Standing Counsel for the respondent no.2 submits that the representation
of the petitioner would be decided by respondent no. 2 in accordance with law in a
time bound manner.
5. Considering the facts and circumstances of the case and the submissions of learned
counsel for the parties, it is hereby directed that respondent no. 2 shall decide the
representation dated 29.9.2025 filed by the petitioner within a period of two months
from the date of production of certified copy of this order.
6. With the aforesaid observation/direction, the writ petition stands disposed of."
CAPL No. 6313 of 2026
2
2. Today, instructions have been produced along with a copy of the order
dated 28.09.2026 deciding the representation of the applicant.
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'.
(Vikas Budhwar,J.)
September 30, 2026
N.S.Rathour
Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad
Checking your session…