ANURAG MEHROTRA v. SHREE M. DEVRAJ PRIN. SECY. STATE TAXES LKO. AND ANOTHER
CAPL/3314/2025 · 2025-12-03
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 186504 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 186504 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 3314 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. Respondents have filed compliance affidavit which is taken on record. Present contempt application has been preferred against the alleged non compliance of the interim order dated 28.3.2025. The relevant portion of the order dated 28.3.2025 is quoted hereinbelow :-"
"Learned Standing Counsel, on the basis of written instructions, has stated that the petitioner has submitted several bills, some of which are allegedly forged. Therefore, the learned Standing Counsel seeks and is granted four weeks' time to file a counter affidavit. A rejoinder affidavit, if any, may be filed within two weeks thereafter. List the matter on 12.05.2025. In the meantime, if the bills submitted by the petitioner are verified as genuine and correct, the amount of those bills shall be paid to the petitioner by the next date of listing." Learned State counsel has submitted that the claim of the applicant was considered after verifying the genuineness and correctness of the bills and it was found that the bills produced by the applicant are forged and not genuine and the medical claim of the applicant has been rejected. It is further submitted that the counter affidavit has also been filed in the writ petition against which the rejoinder affidavit has also been filed. On the other hand the applicant who is appearing in person prays for time for filing objection against the compliance affidavit. After hearing the applicant in person and the learned State counsel the question has been put to the applicant who is appearing in person that was Versus Counsel for Applicant(s) : In Person Counsel for Opposite Party(s) :
Anurag Mehrotra .....Applicant(s) Shree M. Devraj Prin. Secy. State Taxes Lko. And Another .....Opposite Party(s)
there any direction while passing the interim order in the writ petition to make payment of medical bills of the applicant without verifying the genuineness and correctness of the same. He has replied that there was no such direction for making payment.
After hearing the learned counsel for the parties and going through the record, it is found that the interim order was that if the bills submitted by the applicant were verified and found to be genuine and correct then the amount shall be paid, meaning thereby that the interim order was conditional and from the compliance affidavit wherein the document enclosed as Annexure - 2 reveals that after verification of the bills it was found that the bills are not genuine and whether the bills are genuine or not cannot be seen in the contempt proceedings. Stand of the respondents that the bills are not genuine could be seen in the writ petition where the counter affidavit and rejoinder affidavit has been exchanged. In view of the aforesaid facts there is no purpose for grant of time for filing objection. In view of the facts and circumstances of the case and discussion made hereinabove the present contempt application is dismissed as infructuous. December 3, 2025 mks CAPL No. 3314 of 2025 2 (Manish Kumar,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench