Allahabad High Court

ASHOK KUMAR PATELversusMANISH KUMAR VERMA, DISTRICT MAGISTRATE AND 4 OTHERS

Decided: 23 September 2026
Bench: VIKAS BUDHWAR

Holding

A non‑party cannot be entertained for contempt of a court order; the applicant must pursue appropriate legal remedies such as filing a fresh PIL.

Summary

The applicant, Ashok Kumar Patel, filed a contempt application alleging that the District Magistrate and others willfully defied a High Court order dated 6 October 2025 in PIL No.2933 of 2025, which directed the State to remove obstructions, hindrances and illegal encroachments. The court noted that the applicant was not a party to the original PIL and therefore could not claim contempt on that basis. The court held that the appropriate remedy for a non‑party who is aggrieved by non‑compliance is to file a fresh public interest litigation or pursue other legal remedies. The applicant’s counsel sought liberty to pursue such remedies. Consequently, the contempt application was consigned to the record, effectively dismissing it while leaving the applicant free to seek other legal avenues. The decision underscores that contempt jurisdiction does not extend to non‑parties and that procedural remedies must be used to enforce compliance.

Issues considered

Whether a non‑party to a proceeding can be granted contempt relief for alleged non‑compliance with a court order
Whether the applicant is entitled to liberty to file a fresh public interest litigation to enforce the earlier order

Subjects

contempt
public interest litigation
illegal encroachments
court order compliance
jurisdiction
non‑party

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                   CONTEMPT APPLICATION (CIVIL) No. - 6706 of 2026

                                    Ashok Kumar Patel
                                                                                                   .....Applicant(s)
                                                                         Versus

                                    Manish Kumar Verma, District Magistrate And 4
                                    Others                                                             .....Opposite
                                                                                                             Party(s)

                                    Counsel for Applicant(s)            : Baleshwar Dayal, Surendra Kumar
                                    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 06.10.2025 passed in PIL No. 2933 of 2025,
                                    wherein general directions were issued to the State, its officials and
                                    functionaries to remove the obstructions and hindrances and illegal
                                    encroachments.

                                    2. On a pointed query being raised to the learned counsel for the applicant
                                    whether the applicant happens to be a party to the said proceedings, the
                                    applicant alleges that the judgment / order referred to above has not been
                                    complied with and he is non-party in the said proceeding.

                                    3. In the opinion of the Court, it is for the applicant to file a Public Interest
                                    Litigation or take any remedy which is permissible in law, in case
                                    encroachments are there and there is laxity on the side of the opposite parties
                                    in removing the encroachments or illegal constructions in that regard.

                                    4. At this juncture, learned counsel for the applicant submits that liberty be
                                    accorded to him to take legal remedies as available under law.

                                    5. Accordingly, the contempt application stands consigned to record,
                                    leaving it open to the applicant to take legal remedies as available under law.



                                                                                              (Vikas Budhwar,J.)
                                    September 24, 2026
                                    N.S.Rathour




Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad

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