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2026 DAILYLAW 5900 (ALL)

DHARMENDRA KUMAR AND 3 OTHERS v. SHRI MISHRI LAL, EXECUTIVE ENGINEER

CAPL/5880/2026 · 2026-09-07

Vikas Budhwar

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CONTEMPT APPLICATION (CIVIL) No. - 5880 of 2026 Court No. - 53 HON'BLE VIKAS BUDHWAR, J. 1. The present contempt application has been preferred alleging willful defiance of the order dated 20.11.2025 passed in Civil Misc. Writ Petition No. 25573 of 2025 (Dharmendra Kumar and 3 others Vs. State of U.P. and 5 others), order whereof is quoted hereinunder:- "1. Learned counsel for the petitioners has filed supplementary affidavit which is taken on record. 2. Heard Sri Lal Mani Singh, learned counsel for the petitioners, Sri Pranjal Mehrotra, learned counsel for respondent nos. 2 and 5, Sri Abhinav Krishna Srivastava, learned counsel for respondent no. 4, Sri Gopal Saxena, learned Standing Counsel for the State respondents and perused the record. 3. By means of this writ petition filed under Article 226 of the Constitution, petitioners have assailed the notice of demolition issued to them by respondent no. 5 on 18.06.2025. 4. Per contra, it is submitted by Sri Pranjal Mehrotra, learned counsel appearing for concerned respondents that it is a mere notice which has been put to challenge whereas the petitioners have an ample opportunity to set up defence by filing reply to the notice. He further submits that giving an opportunity in this, respondent no. 5 shall be deciding the matter of notice within prescribe period of time as may be directed by this Court. 5. In view of the above, we disposed of the petition with a direction to the petitioners to furnish replies to the notice dated 18.06.2025 within a period of four weeks from today and if they does so, the respondent no. 5 shall consider their replies and dispose of the matter of notice within further period of one month and until such decision is taken or for a period of three months from today, whichever is earlier, no coercive Versus Counsel for Applicant(s) : Lal Mani Singh, Praveen Kumar Singh Counsel for Opposite Party(s) : Vineet Pandey Dharmendra Kumar and 3 others .....Applicant(s) Shri Mishri Lal, Executive Engineer .....Opposite Party(s) action shall be taken against the petitioners in pursuance to the notice in question." 2. Today, Sri Vineet Pandey, learned counsel for the opposite party has produced before this Court, the order dated 01.01.2026 deciding the proceedings. 3. Since the order of the Writ-Court has been substantially complied with, the contempt application is consigned to record, leaving it open for the applicant to question the same before appropriate forum. 4. Let a copy of the instructions be served upon the counsel for the applicant. 5. Instructions filed today are taken on record and marked as Appendix 'A'. September 8, 2026 N.S.Rathour CAPL No. 5880 of 2026 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad