Smt. Sushma Devi (Smt. Sushma Trivedi ) and… — Writ and Judicial Review | Allahabad HC (2025)

Smt. Sushma Devi (Smt. Sushma Trivedi ) and… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

No final adjudication on the contempt question; affidavits of compliance signed by respondent no. 7 (District Magistrate/Collector, Kanpur Nagar) and the Assistant Record Officer, District Unnao, together with the application for discharge of contempt notice sworn by respondent no. 6, were taken on record; the applicant was permitted to file a reply; the case was listed on 12.05.2025 within top 10 cases; and the officer present was excused from future appearances unless ordered otherwise.

Issue for consideration

Whether proceedings for contempt of the Court should be initiated against respondents no. 6 & 7 for non-compliance of the judgment and order dated 16.08.2023 passed in Matter Under Article 227 No. 2393 of 2023. +1 more

Court's answer

This Court recorded (in its order dated 02.04.2025 reproduced herein) that, there being nothing on record by any affidavit to indicate otherwise, it is apparent that the respondents run in contempt of the order passed by this Court dated 16.08.2023.

Ratio / Principle

Notice was directed to be issued to respondents no. 6 & 7 to show cause as to why proceedings for contempt of the Court be not initiated against them for non-compliance of the judgment and order dated 16.08.2023 passed in Matter Under Article 227 No. 2393 of 2023.

Detailed headnote1 paragraphs

Contempt — non-compliance of writ Court's judgment and order dated 16.08.2023 passed in Matter Under Article 227 No. 2393 of 2023 — by order dated 02.04.2025 this Court recorded that the respondents run in contempt and, impleadment having been allowed on 11.02.2025, directed show-cause notice to respondents no. 6 & 7, service to strictly follow directions issued vide order dated 07.06.2021 in Contempt No. 670 of 2021 — on 23.04.2025, Senior Counsel for respondents filed affidavits of compliance signed by respondent no. 7, District Magistrate/Collector, Kanpur Nagar, and the Assistant Record Officer, District Unnao, and an application for discharge of contempt notice sworn by respondent no. 6, Principal Secretary, Department of Revenue, Government of U.P.; compliance asserted by decision dated 19.04.2025 — affidavits and discharge application taken on record — applicant permitted to file reply — case listed on 12.05.2025 within top 10 cases — officer present excused from future appearances unless ordered otherwise.

Court No. - 17

Case :- CONTEMPT APPLICATION (CIVIL) No. - 2535 of 2024

Applicant :- Smt. Sushma Devi (Smt. Sushma Trivedi ) And Another Opposite Party :- Rakesh Kumar Singh, D.M., / Collector, Kanpur Nagar And Another

Counsel for Applicant :- Parimal Bhatt

Hon'ble Rajeev Singh,J.

On 02.04.2025, following order was passed.

"1. In pursuance to the order of this Court dated 30.09.2024, Sri Prashant Kumar Nayak, Assistant Record Officer, Tehsil- Kanpur Sadar, District- Kanpur is present in Court.

Heard.

Sri Mohit Jauhari, learned Standing counsel on the basis of instructions given by Sri Prashant Kumar Nayak, Assistant Record Officer who is present in Court states that the order of the writ Court has still not been complied with on account of certain applications etc having been filed before the writ Court for non compliance of which the instant contempt application has been filed. However, there is nothing on record by any means of any affidavit to indicate the same.

Considering the aforesaid, it is apparent that the respondents run in contempt of the order passed by this Court dated 16.08.2023.

As the application for impleadment has already been allowed by this Court vide order dated 11.02.2025 as such, issue notice to the respondents no. 6 & 7 to show cause as to why the proceedings for contempt of the Court be not initiated against them for non-compliance of the judgment and order dated 16.08.2023 passed in Matter Under Article 227 No. 2393 of 2023.

The authorities while serving notice on the respondentscontemnor shall strictly adhere to the directions issued by this Court vide order dated 07.06.2021 in Contempt No. 670 of 2021.

List this case on 23.04.2025.

The officer present today shall again remain present in Court." 2. Mohd. Arif Khan, learned Senior Counsel assisted by Shri Mohit Jauhari appearing for the respondent files affidavits of compliance duly signed by respondent no. 7-Mr. Jitendra Pratap Singh, District Magistrate/Collector, Kanpur Nagar and Mr. Prashant Kumar Nayak, Assistant Record Officer, District Unnao, which are taken on record. Application for discharge of contempt notice duly sworn by respondent no. 6-P. Guruprasad, Principal Secretary, Department of Revenue, Government of U.P., Lucknow is also taken on

record.

In pursuance of the earlier order, Mr. Prashant Kumar Nayak, Assistant Record Officer, District Unnao is also present before this Court.

Learned counsel for the respondents submits that the order of writ Court has been complied with, as the decision has already been taken in the case of the applicant by Mr. Prashant Kumar Nayak, Assistant Record Officer, Unnao on 19.04.2025. It is, thus, submitted that the present contempt application has lost its efficacy and the same is liable to be dismissed.

Shri Parimal Bhatt, learned counsel appearing for the applicant prays for sometime to file reply to the affidavits filed today. It is also informed that the matter will be argued by Shri Jaideep Narayan Mathur, learned Senior Advocate.

Accordingly, list this case on 12.05.2025 within top 10 cases.

In the meantime, the applicant may file reply to the affidavits filed today by the respondent.

The Officer present before this Court need not to appear on future dates, unless ordered otherwise.

Order Date :- 23.4.2025 VKS

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