Rashid Afzal Vs Sanjay Kumar, Managing Director, U.P. Cooperative Federation Ltd. (Pcf) — Allahabad HC (2025) — LawSathi Research

Rashid Afzal Vs Sanjay Kumar, Managing Director, U.P. Cooperative Federation Ltd. (Pcf) — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

One month's further time granted to the opposite party to ensure removal of the coal dumped on the applicant's land; matter to be listed again on 21st April, 2025 when the opposite party shall be personally present and file a compliance affidavit disclosing full compliance of the order passed by the Writ Court; on failure to comply by the next date, charges shall be framed against the opposite party; permission granted to implead Dr. Chandra Bhushan, the present Managing Director, as opposite party no. 2 without issuance of fresh notices.

Issue for consideration

Whether, in view of the short affidavit not disclosing compliance with the Court's order and attributing the delay to the Kumbh Mela preventing the contractor from honouring his assurance (noted in the order dated 13.12.2024) to remove the coal dumped on the applicant's plot within three months, further time should be granted to the opposite party. +2 more

Court's answer

Considering the circumstances, one month's further time is granted to the opposite party to ensure that the coal dumped on the land of the applicant is removed within one month.

Ratio / Principle

Responsibility for removing the coal dumped on the applicant's land rests on the opposite party or any officer of the Federation; whether the removal is effected through the contractor or by officers employed in the Federation is immaterial.

Key takeaways

The order of the Court has to be complied with by the opposite party himself; any failure of the contractor to honour his assurance would not be a ground to exempt the opposite party from being prosecuted and tried in contempt.ratio¶10
On failure of the opposite party to comply with the order passed by this Court by the next date fixed, charges shall be framed against the opposite party.ratio¶12
The counsel for the applicant is permitted to implead Dr. Chandra Bhushan, the present Managing Director of U.P. Cooperative Federation Limited, Lucknow, as opposite party no. 2 in the contempt application.

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 1), Contempt Application (Civil) No. 7173 of 2024, Salil Kumar Rai, J., order dated 17.3.2025 - Applicant Rashid Afzal against Sanjay Kumar, Managing Director, U.P. Cooperative Federation Ltd. (PCF). The short affidavit filed on behalf of the present Managing Director disclosed no compliance with the Court's earlier order; it attributed the delay to the Kumbh Mela, owing to which the contractor could not honour his assurance (noted in the order dated 13.12.2024) to remove the coal dumped on the applicant's plot within three months. The Court granted one month's further time and clarified that responsibility for removing the coal lies on the opposite party or any officer of the Federation, irrespective of whether removal is effected through the contractor, and that the contractor's failure is no ground to exempt the opposite party from prosecution and trial in contempt. The matter was listed again for 21st April, 2025, with a mandate of personal appearance and a compliance affidavit evidencing full compliance of the Writ Court's order, failing which charges were to be framed. Counsel for the applicant was permitted to implead Dr. Chandra Bhushan, the present Managing Director, as opposite party no. 2 without fresh notice, as he already had notice and had filed a short affidavit taken on record.

Court No. - 1

Case :- CONTEMPT APPLICATION (CIVIL) No. - 7173 of 2024

Applicant :- Rashid Afzal Opposite Party :- Sanjay Kumar, Managing Director, U.P. Cooperative Federation Ltd. (Pcf)

Counsel for Applicant :- Anas Mahboob,Mahboob Ahmad Counsel for Opposite Party :- Pawan Kumar Singh

Hon'ble Salil Kumar Rai,J.

A short affidavit has been filed by Shri Pawan Kumar Singh, Advocate on behalf of the present Managing Director, U.P. Cooperative Federation Limited, Lucknow which does not disclose compliance of the order passed by the this Court.

The affidavit states that because of the Kumbh Mela, the contractor could not honour the assurance given to the opposite party that the coal dumped on the plot of the applicant shall be removed within three months and as noted in the order dated 13.12.2024. The affidavit is taken on record.

A supplementary affidavit has also been filed by the counsel for the applicant which is also taken on record.

Considering the circumstances, one month's further time is granted to the opposite party to ensure that the coal dumped on the land of the applicant is removed within one month from today.

It is clarified that it is the opposite party or any officer of the Federation who is responsible for removing the coal dumped on the land of the applicant. Whether the said removal is through the contractor or by the officers employed in the Federation is not material. The order of the Court has to be complied by the opposite party and any failure of the contractor to honour his assurance would not be a ground to exempt the opposite party from being prosecuted and tried in contempt.

List again on 21st April, 2025 , on which date, the opposite party shall be personally present in the Court and file a compliance affidavit disclosing full compliance of the order passed by the Writ Court.

It is clarified that on failure of the opposite party to comply with the order passed by this Court by the next date fixed, charges shall be framed against the opposite party.

The counsel for the applicant is permitted to implead Dr. Chandra Bhushan, the present Managing Director U.P. Cooperative Federation Limited, Lucknow as opposite party no. 2 in the contempt application.

No notices are required to be issued to the newly impleaded opposite party no. 2 as he already has notice of the present contempt application and has filed a short affidavit today which is taken on record.

Order Date :- 17.3.2025 Vipasha

Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad