Allahabad High Court
SANJEEV DHOUNDIYALversusSHRI VIKAS YADAV ASSISTANT REGIONAL TRANSPORT OFFICER
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court held that the order was substantially complied with and therefore the contempt application was consigned to the record.
Summary
The applicant filed a contempt application alleging that the Assistant Regional Transport Officer willfully defied a High Court order dated 09.07.2026, which directed the refund of road tax paid for a hybrid electric vehicle and stipulated no interest. The order required the refund of Rs.1,56,900 within six weeks. The respondent complied by refunding the amount, as evidenced by the instruction and token number provided. The court observed that the order was substantially complied with and therefore found no basis for contempt. Consequently, the contempt application was consigned to the record, effectively dismissing it, while allowing the applicant to challenge the decision in a suitable forum. The court also directed that a copy of the instruction be served on the applicant’s counsel.
Issues considered
- Whether the Assistant Regional Transport Officer willfully defied the High Court's order directing a refund of road tax.
- Whether the filing of a contempt application is warranted in view of the respondent's compliance.
- Whether the contempt application should be dismissed or upheld.
Subjects
- civil contempt
- contempt application
- road tax exemption
- hybrid electric vehicle
- refund order
- High Court of Allahabad
- compliance with court order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6374 of 2026
Sanjeev Dhoundiyal
.....Applicant(s)
Versus
Shri Vikas Yadav Assistant Regional Transport
Officer .....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 09.07.2026 passed in Writ Tax No. 3040 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 15 EJ 1155 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.1,56,900/- has been refunded to the applicant (Token No.
0426414449).
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. 6374 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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