Allahabad High Court
LT. COL. RAJESH KUMAR SINGH (RETD.)versusSHRI ANUPAM SHUKLA, IAS, DISTRICT MAGISTRATE, GHAZIPUR
- Decided
- Bench
- VIKAS BUDHWAR
Holding
A non‑party to the writ proceedings cannot maintain a contempt application for non‑compliance of its order.
Summary
The High Court considered a contempt application filed by Lt. Col. Rajesh Kumar Singh (Retd.) alleging that the District Magistrate, Ghazipur, failed to comply with a writ order dated 19 February 2026. The writ order required the Magistrate to appoint a fresh enquiry officer/committee and complete the enquiry within two months. The applicant, who was not a party to the original writ petition, claimed he was the complainant and sought contempt relief. The Court held that a person who is not a party to the writ proceedings lacks locus to file a contempt petition for non‑compliance of its order. Consequently, the contempt application was consigned to the record, and the applicant was directed to pursue other legal remedies. The order effectively dismissed the contempt application.
Issues considered
- Whether a person who is not a party to the original writ petition can file a contempt application for alleged non‑compliance of the writ order.
Subjects
- contempt
- writ petition
- non‑compliance
- maintainability
- party status
- High Court
- Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6490 of 2026
Lt. Col. Rajesh Kumar Singh (Retd.)
.....Applicant(s)
Versus
Shri Anupam Shukla, Ias, District Magistrate,
Ghazipur .....Opposite
Party(s)
Counsel for Applicant(s) : Anjani Kumar Dubey, Deepak Upadhyay
Counsel for Opposite Party(s) :
Court No. - 53
HON'BLE VIKAS BUDHWAR, J.
1. The present contempt application has been preferred alleging non-
compliance of the order dated 19.02.2026 passed in Writ-C No. 5821 of
2026, the array of the parties of the said Writ Petition is quoted hereinunder:
"Smt. Meera, Gram Pradhan,
Village Gashandepur,
Vikash Khand- Karanda, District Ghazipur.
... Petitioner
Versus
1. State of U.P. through Principal Secretary (Ministry of Rural
Development of U.P. at Lucknow.
2. District Magistrate, Ghazipur.
3. Inquiry Committee Leaded by District Sugar Cane-Officer, Ghazipur.
4. District Panchayat Raj Officer, District Ghazipur.
....Respondents"
2. The operating portion is also quoted hereinunder:
"15. Writ petition is, accordingly, allowed. The order dated 29.01.2026,
passed by the respondent no.2, is quashed. The Respondent no.2 is
directed to appoint a fresh Enquiry Officer/Committee, strictly in
accordance with rule 2(c) of the Enquiry Rules, 1997 for conducting the
preliminary enquiry. After submission of preliminary enquiry report, the
respondent no.2, shall pass a fresh order, in accordance with law, after
affording opportunity of hearing to the concerned parties. The entire
CAPL No. 6490 of 2026
2
exercise shall be completed by the respondent no.2 within a period of two
months from today."
3. Learned counsel for the applicant submits that the applicant happens to be
the complainant, however, he was not arrayed as a party in the said writ
proceedings and despite communication of the order upon the opposite
parties, the proceedings have not been given a final conclusion, particularly,
when post service of the order, notices were issued and one Smt. Meera, who
happens to be the Gram Pradhan, was found guilty but the proceedings have
not been given a logical end.
4. In the opinion of the Court, once the applicant is not a party to the writ
proceedings, then obviously he cannot file the present contempt application.
5. Accordingly, the contempt application is consigned to record, leaving it
open to the applicant to take legal remedies which are permissible and
advisable under law.
September 18, 2026
Ashu
(Vikas Budhwar,J.)
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
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