Jaiveer Singh vs Dr. Jitendra Kumar Tomar Director of Agriculture U.P. Lko. and Another — Allahabad HC (2025) — LawSathi Research

Jaiveer Singh vs Dr. Jitendra Kumar Tomar Director of Agriculture U.P. Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Deferment prayer of Respondent No.1 turned down; two weeks granted for filing the compliance affidavit, failing which Respondent No.1 shall appear for framing of charges for non-compliance of the writ court judgment; case to be listed in the week commencing 24.02.2025.

Issue for consideration

Whether the prayer of Respondent No.1 for deferment of the contempt proceedings, on the ground that the special appeal against the underlying writ court judgment remains pending, should be granted despite the absence of any interim order in the special appeal and the failure to file a compliance affidavit as directed by the Court's earlier order.

Court's answer

The Court rejected Respondent No.1's prayer for deferment of the contempt proceedings because no compliance affidavit had been filed pursuant to the Court's earlier order for compliance of the judgment and order dated 26.02.2024 (corrected by order dated 18.03.2024).

Ratio / Principle

Respondent No.1 was granted two weeks' time to file the compliance affidavit, failing which Respondent No.1 shall appear on the next date for the purpose of framing of charges for non-compliance of the judgment and order passed by the writ court.

Detailed headnote1 paragraphs

Contempt Application (Civil) No. 4433 of 2024 (Order dated 5.2.2025) — Hon'ble Manish Kumar, J., High Court of Judicature at Allahabad, Lucknow Bench: The prayer of Respondent No.1 (Dr. Jitendra Kumar Tomar, Director of Agriculture, U.P.) for deferment of the contempt proceedings on the plea that Special Appeal (Defective) No. 642 of 2024 was pending against the writ court's judgment and order dated 26.02.2024 (corrected by order dated 18.03.2024) was turned down, since despite three listings of the special appeal after the Court's order dated 15.01.2025 no interim order had been granted therein, and no compliance affidavit — nor even any application on affidavit seeking deferment — had been filed as directed. Two weeks were allowed to Respondent No.1 for filing the compliance affidavit, failing which he shall appear for the purpose of framing of charges for non-compliance of the judgment and order passed by the writ court; the case was listed in the week commencing 24.02.2025.

Court No. - 17

Case :- CONTEMPT APPLICATION (CIVIL) No. - 4433 of 2024

Applicant :- Jaiveer Singh Opposite Party :- Dr. Jitendra Kumar Tomar Director Of Agriculture U.P. Lko. And Another Counsel for Applicant :- Amrendra Nath Tripathi,Sharda Mohan Tiwari

Hon'ble Manish Kumar,J.

Learned Standing Counsel on the basis of the instruction dated 04.02.2025 received today from Respondent No.1 i.e. Dr. Jitendra Kumar Tomar, Director of Agriculture, Uttar Pradesh Krishi Bhawan, Lucknow has prayer for the deferment of the contempt petition as the special appeal is pending.

The same plea was taken on 15.01.2025 when the case was listed and the court has passed the following order:

"1. Learned State Counsel, on the basis of instructions, has submitted that against the judgment and order dated 26.02.2024, and the corrected order dated 18.03.2024, a Special Appeal (Defective) No. 642 of 2024 has been filed and the same is listed tomorrow i.e. 16.01.2025.

2. He further requested to list the present contempt application after two weeks and in case, an interim order is not granted in the special appeal, the respondent shall file an affidavit of compliance.

3. As prayed, list this case in the week commencing 03.02.2025, within top-10 cases. "

The case was listed on 16.01.2025 and thereafter yesterday i.e. 04.02.2025.

Learned Standing Counsel has very fairly submitted for deferment of the contempt proceedings neither any interim order has been granted in the special appeal though it was listed thrice after passing of the order dated 15.01.2025 nor any compliance affidavit has been filed and not even any application on affidavit has been filed for deferment of the contempt proceedings.

The prayer for deferment on behalf of Respondent No.1 is hereby turned down as no compliance affidavit has been filed as

per earlier order of this Court for compliance of judgement and order dated 26.02.2024, which was corrected by order dated 18.03.2024.

Learned Standing Counsel prays for and is granted two weeks time for filing compliance affidavit, failing which the Respondent No.1 shall appear for the purpose of framing of charges for non-compliance of judgement and order passed by the writ court on the next date.

List this case in the week commencing 24.02.2025.

Order Date :- 5.2.2025 S. Kumar

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