Allahabad High Court
ABDUL HAMIDversusSRI RAJESH SRIVASTAVA
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court held that the order was substantially complied with, and therefore no contempt had occurred.
Summary
The applicant filed a contempt application alleging willful defiance of a High Court order dated 08 July 2026 in Writ Tax No. 3013 of 2026, which directed the respondent authorities to refund road tax paid for a hybrid electric vehicle and expressly barred interest. The order required the refund within six weeks. The court was shown an instruction indicating that the amount of Rs.1,79,934 was refunded to the applicant. Upon reviewing the instruction, the court found that the original order had been substantially complied with. Consequently, the contempt application was consigned to the record, leaving the applicant the option to challenge the matter in an appropriate forum. The court directed that a copy of the instruction be served on the applicant’s counsel.
Issues considered
- Whether the respondent authorities willfully defied the High Court order dated 08 July 2026 directing a refund of road tax.
- Whether the refund of Rs.1,79,934 constitutes compliance sufficient to defeat the contempt allegation.
Subjects
- contempt
- writ petition
- road tax refund
- hybrid electric vehicle
- compliance
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6314 of 2026
Abdul Hamid
.....Applicant(s)
Versus
Sri Rajesh Srivastava
.....Opposite
Party(s)
Counsel for Applicant(s) : Vicky Rastogi
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 08.07.2026 passed in Writ Tax No. 3013 of 2026,
order whereof is quoted hereunder:-
"1. Sri Arvind Kumar Mishra, learned Standing Counsel submits that the Government
has taken a decision on June 28, 2024 to grant exemption from road tax to Hybrid
electric vehicles, Strong hybrid electric vehicle, Plug-in hybrid electric vehicle, Series
hybrid electric vehicle and Series parallel hybrid electric vehicle.
2. In light of the same, it is clear that amount paid by the petitioner for road tax in
respect of vehicle bearing Registration No. UP 22 AZ 8110 was exempted.
3. Accordingly, respondent authorities are directed to refund the amount paid by the
petitioner within a period of six weeks from date.
4. We make it clear that no interest shall be payable to the petitioner on the said
amount.
5. With the above direction, the writ petition is disposed of."
2. Today, instructions have been produced according to which, the amount
of Rs.1,79,934/- has been refunded to the applicant (Token No.
1726215602).
3. Since the order of the writ Court stands substantially complied with, the
contempt application is consigned to record, leaving it open to the
application to question the same before appropriate forum.
4. Let a copy of the instruction be served upon learned counsel for the
CAPL No. 6314 of 2026
2
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
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