GULMOHAR CRICKET ACADEMY LKO. THRU. ITS SECY. RAHUL SAXENA AND ANOTHER v. SHRI P. GURU PRASAD IAS, CHAIRMAN U.P. HOUSING AND DEVE. BOARD LKO. AND 7 OTHERS
CAPL/2869/2025 · 2025-09-09
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163120 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163120 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 2869 of 2025 Court No. - 17 HON'BLE MANISH KUMAR, J. Heard. Present contempt application has been preferred for alleged non compliance of the order dated 26.03.2025 passed by Writ Court in Writ C No. 2804 of 2025, which is being reproduced hereinbelow:-
"1. Heard. 2. Let the opposite parties file their affidavits in response to the writ petition. In the meantime, it is provided that Mini Indoor Stadium shall be used for indoor activities connected with sports. Any other activity, if undertaken, by the Awas Evam Vikas Parishad shall be conducted without adversely affecting the sports activities in any manner, that too only, if such, other activities are permissible in law. 3. List on 17.04.2025." Learned counsel for the applicant has submitted that after the passing of the order dated 26.03.2025, the respondent has removed the cricket net practice arrangement made by the applicant from the premises of Mini Indoor Stadium, which is willful disobedience of the order of the Writ Court. It has further been submitted that the cricket net practice may be treated as indoor sports activity. Versus Counsel for Applicant(s) : Mohd. Ateeq Khan, Bhupendra Nath Tripathi Counsel for Opposite Party(s) :
Gulmohar Cricket Academy Lko. Thru. Its Secy. Rahul Saxena And Another .....Applicant(s) Shri P. Guru Prasad Ias, Chairman U.P. Housing And Deve. Board Lko. And 7 Others .....Opposite Party(s)
After hearing submissions put forth on behalf of the applicant and perusal of the order of the Writ Court, it is found that the direction of the Writ Court was to the effect that Mini Indoor Stadium shall be used for indoor activities connected with sports and any other activity, if undertaken by the respondents shall be conducted without adversely affecting the sports activity. On being asked, learned counsel for the applicant that whether the respondents had stopped any of the indoor sports activity after the passing of the order dated 26.03.2025, he has replied that none of the indoor sports activity was stopped by the authorities. It has further been inquired from learned counsel for the applicant that whether the respondent has permitted any other activity in the area where indoor sports activity are used to be conducted, he replied that no other activity is being undertaken in the area where indoor sports activity are conducted.
The order of the Writ Court does not restrain authorities from taking any decision in regard to the outdoor sports activity. The direction or the protection was only with regard to the indoor sports activity in the Mini Indoor Stadium though learned counsel for the applicant agrees that the cricket is outdoor sport activity but his submission that net practice of cricket may be treated as indoor sports activity cannot be adjudicated in the contempt proceedings, thus, there is no violation of the order of the Writ Court dated 26.03.2025 by respondents. In view of the aforesaid, the present contempt application is dismissed. September 9, 2025 Ashish CAPL No. 2869 of 2025 2 (Manish Kumar,J.) Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench