Chandra Mauli Bhardwaj vs Smt. Mala Srivastava IAS Secy. Deptt. of Geology and Mining Lko. and Another — Allahabad HC (2025) — LawSathi Research

Chandra Mauli Bhardwaj vs Smt. Mala Srivastava IAS Secy. Deptt. of Geology and Mining Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim disposal: Respondent No.2 undertook to pass a fresh order in pursuance of the judgment and order dated 18.03.2024; three weeks' time granted for filing a further compliance affidavit, failing which she shall appear again before the Court in person; case listed in the week commencing 15.12.2025. Final adjudication of the contempt charge deferred.

Issue for consideration

Whether the rejection of the applicant's representation / lease renewal claim by order dated 17.05.2025, resting on Government Order dated 12.12.2017 and the Higher Authority's order, constitutes clear defiance of the Division Bench judgment dated 18.03.2024 passed in the writ petition (which relied on M/s Peethambra Granite Pvt. Ltd.), rendering Respondent No.2 liable to be punished for contempt.

Court's answer

Respondent No.2, present in person, made a statement that she will pass a fresh order in pursuance of the judgment and order dated 18.03.2024, and the Court granted her three weeks' time for filing a further compliance affidavit.

Ratio / Principle

Filing of the further compliance affidavit within three weeks was made a condition, failing which Respondent No.2 shall appear again before this Court on the next date.

Key takeaways

The case was directed to be listed in the week commencing 15.12.2025.ratio¶7

Detailed headnote1 paragraphs

Contempt Application (Civil) No. 1832 of 2025 (Allahabad High Court, Lucknow Bench; Manish Kumar, J.; November 20, 2025). Applicant Chandra Mauli Bhardwaj sought punishment of Respondent No.2, Smt. Gazal Bhardwaj, IAS, District Magistrate, Mahoba, alleging that her order dated 17.05.2025 rejecting his representation / lease-renewal claim, founded on Government Order dated 12.12.2017 and the Higher Authority's order, defied the judgment dated 18.03.2024 passed by the Division Bench in his writ petition, which had relied on the judgment in M/s Peethambra Granite Pvt. Ltd., wherein it was held that Granite Building Stone is not covered by Government Orders dated 31.05.2012 and 26.02.2013; the Government Order dated 12.12.2017, counsel urged, was itself before the Division Bench (Para 2 of the judgment). Respondent No.2 appeared in person and filed a compliance affidavit, taken on record. She undertook to pass a fresh order in pursuance of the judgment and order dated 18.03.2024; the Court granted three weeks for a further compliance affidavit, failing which she must reappear in person, and listed the case in the week commencing 15.12.2025. Whether the conduct amounted to punishable contempt was left undecided at this hearing.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CONTEMPT APPLICATION (CIVIL) No. - 1832 of 2025

Chandra Mauli Bhardwaj

.....Applicant(s)

Versus

Smt. Mala Srivastava Ias Secy. Deptt. Of Geology And Mining Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Sameer Kalia, Srideep Chatterjee Counsel for Opposite Party(s) :

Court No. - 8

HON'BLE MANISH KUMAR, J.

Respondent No.2 - Smt. Gazal Bhardwaj, IAS, District Magistrate, Mahoba is present in person and has filed a compliance affidavit, which is taken on record.

Learned Standing counsel has submitted that the representation of the applicant has already been decided by an order dated 14.10.2024 by the predecessor of the Respondent No.2 in pursuance of order dated 20.06.2024 passed by the Deputy Director / Nodal, SEIAA/ Higher Authority and another order has been passed on 17.05.2025 whereby the representation of the applicant has been rejected, hence the judgment and order passed in the writ petition has been complied with.

On the other hand learned counsel for the applicant has submitted that the claim / renewal of the lease of the applicant has been rejected by placing reliance upon the Government Order dated 12.12.2017 and the order passed by the Higher Authority ignoring completely that in the writ petition this court has passed a judgment dated 18.03.2024 by placing reliance upon the judgment passed in the Case of M/s Peethambra Granite Pvt. Ltd. wherein it was held that the Granite Building Stone is not covered by Government Order dated 31.05.2012 and 26.02.2013, which were issued by the State Government for grant of lease either by E-nivada or E-tender.

CAPL No. 1832 of 2025

2

It is further submitted that the Government Order dated 12.12.2017 which has been relied while rejecting the claim of the applicant was before the Division Bench of this Court and could be seen from Para 2 of the judgment, hence it is a clear defiance of the judgment passed by the Division Bench of this Court and Respondent No.2 is liable to be punished.

The judgement of the Court is to be abeyed and complied with and not any other Government Order or Order of any other authority.

At this stage, Respondent No.2, who is present in person, has made a statement that she will pass a fresh order in pursuance of the judgment and order dated 18.03.2024 and she prays for and is granted three weeks' time for filing further compliance affidavit, failing which Respondent No.2 shall appear again before this Court on the next date.

List this case in the week commencing 15.12.2025.

(Manish Kumar,J.)

November 20, 2025

S. Kumar

Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench