Amaresh vs Sri Rakesh Kumar, Tehsildar, Tehsil Mariyahu… — Contempt of Court | Allahabad HC (2025)

Amaresh vs Sri Rakesh Kumar, Tehsildar, Tehsil Mariyahu… — Contempt of Court | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Contempt application entertained at the notice stage: supplementary affidavit taken on record; notices directed to be issued to the opposite parties to comply with the order within a month of receipt and file a compliance affidavit by the next date, or show cause against contempt proceedings; matter listed on 18.02.2026. No final finding of contempt recorded.

Issue for consideration

Whether the opposite parties wilfully disobeyed the order dated 05.10.2024 passed by the learned Collector, Jaunpur in Suit No.04 of 2024 (Amresh vs. State), warranting initiation of contempt proceedings against them.

Court's answer

Prima facie, the matter requires consideration for contempt under the Contempt of Courts Act, 1971; this is a prima facie view forming the basis for issuance of notices, not a final adjudication of contempt.

Ratio / Principle

Notices were directed to be issued to the opposite parties requiring them either to comply with the order within a month from receipt of the notice and file a compliance affidavit on or before the next date fixed, or to show cause as to why contempt proceedings should not be drawn against them.

Detailed headnote1 paragraphs

Contempt Application (CIVIL) No. 6107 of 2025, High Court of Judicature at Allahabad (Court No. 37), Dinesh Pathak, J., decided November 18, 2025. The applicant, Amaresh (counsel: Jeet Bahadur Gautam), alleged wilful disobedience by the opposite parties (Sri Rakesh Kumar, Tehsildar, Tehsil Mariyahu and 2 others) of the order dated 05.10.2024 passed by the learned Collector, Jaunpur in Suit No.04 of 2024 (Amresh vs. State), contending that he had been evicted from the plot in question and the plot surrounded by poles in defiance of that order, and that despite service and knowledge, compliance had not been made. Taking a supplementary affidavit on record, the Court held that prima facie the matter required consideration for contempt under the Contempt of Courts Act, 1971, and directed issuance of notices to the opposite parties requiring them either to comply with the order within a month of receipt and file a compliance affidavit on or before the next date, or to show cause why contempt proceedings should not be drawn against them. Matter listed on 18.02.2026. Interlocutory notice-stage order only; no final contempt adjudication.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CONTEMPT APPLICATION (CIVIL) No. - 6107 of 2025

Amaresh

.....Applicant(s)

Versus

Sri Rakesh Kumar, Tehsildar, Tehsil Mariyahu And 2 Others .....Opposite Party(s)
Counsel for Applicant(s) : Jeet Bahadur Gautam
Counsel for Opposite Party(s) :

Court No. - 37

HON'BLE DINESH PATHAK, J.

Copy of supplementary affidavit filed on behalf of the present applicant, today in the Court, is taken on record. Office is directed to proceed accordingly.

Instant contempt application has been filed alleging wilful disobedience of the order dated 05.10.2024 passed by the learned Collector, Jaunpur in Suit No.04 of 2024 (Amresh vs. State).

Learned counsel for the applicant submits that the applicant has been evicted from the plot in question and the same has been surrounded by the poles in defiance of the order dated 05.10.2024 passed the learned Collector, Jaunpur. It is next submitted order passed by this Court has been served upon the opposite parties and despite knowledge, compliance has not been made.

Prima facie , matter requires consideration for contempt under the Contempt of Courts Act, 1971.

Let notices be issued to the opposite parties, requiring them either to comply with the order passed by this Court within a month from the date of receiving the notice and file compliance affidavit on or before the next date fixed or to show cause as to why contempt proceeding should not be drawn against them.

CAPL No. 6107 of 2025

2

(Dinesh Pathak,J.)

6. List this matter on 18.02.2026.

November 18, 2025 VR

Digitally signed by :- VIBHA RATAN High Court of Judicature at Allahabad