Amit Shankr Amist vs Lokesh M, Ias, Ceo, Noida Authority… — Contempt of Court | Allahabad HC (2025)

Amit Shankr Amist vs Lokesh M, Ias, Ceo, Noida Authority… — Contempt of Court | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim order: notice issued to the opposite parties returnable within one month (steps within three days); one further month granted to comply with the writ Court's order and file an affidavit, failing which they must appear on the date fixed to show cause why proceedings under the Contempt of Courts Act may not be initiated.

Issue for consideration

Whether the opposite parties' alleged wilful failure to comply with the writ Court's order dated 22.03.2024 passed in Writ C No. 9751/2024 constitutes civil contempt warranting proceedings/punishment under Section 12 of the Contempt of Courts Act, 1971.

Court's answer

On a perusal of the records of the case, a prima facie case for contempt is made out against the opposite parties.

Ratio / Principle

Notice is issued to the opposite parties, returnable within a period of one month, with steps to be taken within three days.

Key takeaways

In the interest of justice, one further opportunity is granted to the opposite parties to comply with the writ Court's order within a period of one month and file an affidavit to that effect.ratio¶14
If the writ Court's directions are not complied with and the affidavit is not filed, the opposite parties shall remain present before this Court on the date fixed to show cause as to why proceedings under the Contempt of Courts Act may not be initiated against them.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court, Court No. 10 (Piyush Agrawal, J.) — CONTEMPT APPLICATION (CIVIL) No. 1685 of 2025 — Amit Shankr Amist v. Lokesh M, IAS, CEO, Noida Authority and 2 Others — Order dated 16.4.2025. The applicant alleged wilful non-compliance by the opposite parties with the writ Court's order dated 22.03.2024 in Writ C No. 9751/2024 (direction to respondent no. 2 to examine the petitioner's grievance pursuant to notices issued by the Noida in the year 2019, hearing to respondent no. 5, and final decision within two months), a certified copy having been sent by registered post. Finding a prima facie case for contempt, the Court issued notice to the opposite parties returnable within one month (steps within three days) and, in the interest of justice, granted one further month to comply and file an affidavit, failing which they must remain present on the date fixed to show cause why proceedings under the Contempt of Courts Act (S. 12, Contempt of Courts Act, 1971) may not be initiated against them.

Court No. - 10

Case :- CONTEMPT APPLICATION (CIVIL) No. - 1685 of 2025

Applicant :- Amit Shankr Amist Opposite Party :- Lokesh M, Ias, Ceo, Noida Authority And 2 Others Counsel for Applicant :- Kuldip Shanker Amist

Hon'ble Piyush Agrawal,J.

Heard learned counsel for the applicant.

Vide order dated 22.03.2024 passed in Writ C No. 9751/2024 filed by the applicant, the writ Court directed as under:

" Considering the nature of order proposed to be passed it is not necessary to issue notices to the private respondents.

In the facts of the case, we dispose of this petition with a direction upon the respondent no. 2 to ensure that petitioner's grievance is duly examined pursuant to the notices issued by the Noida in the year 2019. An opportunity of hearing would also been given to the respondent no. 5. Such appropriate final decision would be taken within a period of two months."

Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party by registered post, but the opposite parties have wilfully not complied with the order and, thus, have committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.

From a perusal of the records of the case, a prima facie case for contempt is made out against the opposite parties.

Issue notice to the opposite parties returnable within period of one month.

Steps be taken within three days.

List on the date fixed in the notice.

However, in the interest of justice, one more opportunity is granted to the opposite parties to comply with the writ Court's order within a period of one month and file an affidavit to the same effect.

In case the directions as above are not complied with and an affidavit to that effect is not filed, the opposite parties shall remain present before this Court on the date fixed to show cause as to why proceedings under the Contempt of Courts Act may not be initiated against them.

Order Date :- 16.4.2025 Amit Mishra

Digitally signed by :- AMIT KUMAR MISHRA High Court of Judicature at Allahabad