Dhirendra Kumar Srivastava and 3 Others vs Shri Saurabh Singh Executive Engineer Nirman Khand, Lucknow and 3 Others — Allahabad HC (2025) — LawSathi Research

Dhirendra Kumar Srivastava and 3 Others vs Shri Saurabh Singh Executive Engineer Nirman Khand, Lucknow and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions only, contempt application still pending: (i) prayer to correct the description of opposite party No. 1 allowed, correction permitted by the next date of listing; (ii) opposite party No. 1's application for grant of time rejected; (iii) case listed on 14th July, 2025; (iv) opposite party No. 1 to appear in person before the Court if the affidavit of compliance is not filed by the next date.

Issue for consideration

Whether learned counsel for the applicant may be permitted to correct the incorrectly mentioned description of opposite party No. 1 in the array of parties of the contempt application. +2 more

Court's answer

The prayer to correct the description of opposite party No. 1 is allowed; learned counsel for the applicant is permitted to correct the description of opposite party No. 1 in the array of parties by the next date of listing.

Ratio / Principle

The application for grant of time filed by opposite party No. 1 (Mr. Gaurav Singh, Executive Engineer, Nalkoop Khand, Gomti Nagar, Lucknow) is rejected, since his counsel was not in a position to tell the status of the special leave petition (Diary No. 2117 of 2025) said to have been filed against the order dated 30.01.2025 in Special Appeal Defective No. 33 of 2025.

Key takeaways

The case is directed to be listed on 14th July, 2025.ratio¶¶13
In case the affidavit of compliance is not filed by the next date, opposite party No. 1 (Mr. Gaurav Singh, Executive Engineer, Nalkoop Khand, Gomti Nagar, Lucknow) shall appear in person before the Court on the next date.ratio¶¶14

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Rajeev Singh, J.), interim order in Contempt Application (Civil) No. 269 of 2025 filed by Dhirendra Kumar Srivastava and 3 others seeking initiation of contempt proceedings against opposite parties Nos. 1-4 for deliberately and wilfully flouting the writ court's order dated 23.2.2024 in Writ-A No. 1415 of 2024 (Dhirendra Kumar Srivastava & 3 others Versus State of U.P. & others). Held/directed: (i) the applicant's counsel, having pointed out an inadvertent error, is permitted to correct the description of opposite party No. 1 in the array of parties by the next date of listing; (ii) the application for grant of time filed by opposite party No. 1 (Mr. Gaurav Singh, Executive Engineer, Nalkoop Khand, Gomti Nagar, Lucknow) is rejected because his counsel could not state the status of Special Leave Petition Diary No. 2117 of 2025, filed in the Supreme Court against the order dated 30.01.2025 in Special Appeal Defective No. 33 of 2025; (iii) the case is listed on 14th July, 2025; and (iv) if the affidavit of compliance is not filed by the next date, opposite party No. 1 shall appear in person before the Court. The contempt application itself was not finally decided; the order is interlocutory in nature.

Court No. - 17

Case :- CONTEMPT APPLICATION (CIVIL) No. - 269 of 2025

Applicant :- Dhirendra Kumar Srivastava And 3 Others Opposite Party :- Shri Saurabh Singh Executive Engineer Nirman Khand, Lucknow And 3 Others

Counsel for Applicant :- Smita Chitranshi,Mahendra Kumar Srivastava

Hon'ble Rajeev Singh,J.

At the very outset, learned counsel for the applicant submitted that due to inadvertency, the description of the opposite party No. 1 has been mentioned incorrectly. She prays that she may be permitted to correct the same in the array of parties of the application.

The prayer so made is allowed.

Learned counsel for the applicant is permitted to correct the description of opposite party No.1 by the next date of listing.

The present contempt application has been filed with the following prayer:

"The Petitioners named above most respectfully beg to submit that for the facts, reasons and circumstances stated in the accompanying Affidavit, this Hon'ble Court may kindly be pleased to initiate contempt proceedings against the Opposite party No. 1, 2, 3 & 4 with respect to the petitioner No. 1, 2, 3 & 4 respectively and punish them for committing contempt of this Hon'ble Court, by deliberately and willfully flouting the order passed by this Hon'ble court dated 23.2.2024 in Writ-A No. 1415 of 2024 "Dhirendra Kumar Srivastava & 3 others Versus State of U.P. & others", as contained in annexed as Annexure No. 1 to the accompanying affidavit."

As per record, notice was issued to the opposite party No. 1 and the application for grant of time was filed by the opposite

party No. 1- Mr. Gaurav Singh, Executive Engineer, Nalkoop Khand, Gomti Nagar, Lucknow, Uttar Pradesh on 25.04.2025 on the ground that the order passed on 30.01.2025 in Special Appeal Defective No. 33 of 2025 has already been challenged before the Hon'ble Supreme Court in Special Leave Petition Diary No. 2117 of 2025 but the learned counsel for the opposite party is not in a position to tell the status of the aforesaid special leave petition, therefore, the application for grant of time filed by the opposite party No. 1- Mr. Gaurav Singh, Executive Engineer, Nalkoop Khand, Gomti Nagar, Lucknow, is hereby rejected.

6. List this case on 14th July,2025.

In case the affidavit of compliance is not filed by the next date, the opposite party No.1-Mr. Gaurav Singh, Executive Engineer, Nalkoop Khand, Gomti Nagar, Lucknow, shall appear before this Court on the next date.

Order Date :- 14.5.2025 (Manoj K.)

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