HIGH COURT OF JUDICATURE AT ALLAHABAD CONTEMPT APPLICATION (CIVIL) No. - 1399 of 2021 Court No. - 53 HON'BLE VIKAS BUDHWAR, J. 1. Compliance affidavit filed today is taken on record. 2. This Court on 10.08.2026 proceeded to pass the following order.- "1. On 02.07.2026, the Court proceeded to pass a detailed order which is quoted hereunder:- "1. The present contempt petition has been preferred alleging non- compliance of the order dated 19/11/2019 passed in Writ-A No. 5917/2018, whereby following the judgment in Special Appeal (Civil) No.28129 of 2018 (State of U.P. and others vs. Kishwar Ali) against which special leave petition also was dismissed. The writ petition preferred by the writ petitioner was allowed while quashing the order dated 25/05/2016, making him entitled to leave encashment within a period 2 months, against which a Special Appeal Defective No. 39/2020 came to be preferred which was disposed of on 21/01/2020 with a liberty to prefer review application. 2. Review application is stated to be pending, but mere pendency of a review application cannot be ground to forestall the contempt proceedings and not to comply with the order in perpetuity. 3. Since it has been stated by Shri Santosh Kumar Shrivastav, Additional Chief Standing Counsel and Shri Brijesh Kumar, learned Standing Counsel that the review application is pending, thus this Court in line with the judgment in Suresh Chandra Poddar versus Dhani Ram, (2002) 1 SCC 766 is providing a timeline so as to enable the opposite parties to either obtain a favorable order or to comply with the order. 4. Put up this case on 03.08.2026 in the additional cause list, by which time the order may be obtained by the opposite party or the order may be Versus Counsel for Applicant(s) : Awadh Behari Singh Counsel for Opposite Party(s) : Brij Bhushan Paul Raise Miyan And Another .....Applicant(s) Bhuwanesh Kumar, Principal Secretary Fisheries Department And 2 Others .....Opposite Party(s) complied with. 5. Instructions filed today are taken on record and marked as Appendix A." 2. Today, it has been apprised by Sri Santosh Kumar Shrivastav, Additional Chief Standing Counsel along with Sri Brijesh Kumar, learned Standing Counsel that opposite party nos. 1, 2 and 3 are not adhering to the position, which has been reflected in the affidavit of the parties. 3. On the oral request of counsel for the applicant, the applicant is permitted to implead Shri Mukesh Meshram, Principal Secretary, Fisheries Department, Government of U.P., Lucknow; Sri N.S. Rehmani, Director of Fisheries, U.P. at Lucknow; and Ms. Anjana Verma, Deputy Director of Fisheries, Bareilly Division, District Bareilly as opposite party nos. 4, 5 and 6 during the course of the day. 4. On a pointed query being raised to counsel for the respondents as to what is the status of the review application, learned counsel for the opposite party submits that the review application is still pending. It is also contended that the order passed in Review No. 33680 of 2016, Kishwar Ali vs State of U.P., which has been relied upon in order to grant relief to the applicant in Special Appeal Defective No. 396 of 2018, State of U.P. vs Kishor Ali, has been held to be a judgment in personam and not a judgment in rem. 5. Be that as it may be, since the order of the writ Court is still in existence without any modification/clarification, the opposite parties are bound by it. 6. Additionally, it has been argued that steps are being taken for getting the review decided, but on account of one pretext or the other, the matter is not being taken up. 7. Put up this case on 08.09.2026 under the same caption." 3. Today, compliance affidavit has been filed, according to which, the order of the writ court stands complied with which has been endorsed by the counsel for the applicants. 4. In view of the above, the present contempt application is consigned to record. September 8, 2026 Rajesh CAPL No. 1399 of 2021 2 (Vikas Budhwar,J.) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad