Issue:

1. Whether the writ petition which was pending before the Allahabad High Court can be transferred to the Hon'ble Supreme Court of India
2. Whether the interlocutory order that was passed by the Allahabad High Court can be further intervened?
3. Whether the suo moto contempt proceeding initiated against the Chief Secretary of Uttar Pradesh will be continued or will be quashed, as he has breached the undertaking of the Hon'ble Supreme Court?[1]
    

Rule:
Section 326, Indian Penal Code, 1860:
Voluntarily causing grievous hurt by dangerous weapons or means-Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with 1[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine[2].

Section 435, Indian Penal Code, 1860:
Mischief by fire or explosive substance with intent to cause damage to amount of one hundred or (in case of agricultural produce) ten rupees.-Whoever commits mischief by fire or any explosive substance intending to cause, or knowing it to be likely that he will thereby cause, damage to any property to the amount of one hundred rupees or upwards 1[or (where the property is agricultural produce) ten rupees or upwards], shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine[3].

Section 438, Indian Penal Code, 1860:
Punishment for the mischief described in section 437 committed by fire or explosive substance-Whoever commits, or attempts to commit, by fire or any explosive substance, such mischief as is described in the last preceding section, shall be punished with 1[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine[4].

Application:
Lucknow Bench of Allahabad High Court passed a Writ Petition No. 3576 (M/B) of 2006 in the subject to direct the State Government to maintain the status quo and also notified some of the places where the Government can't conduct any type of construction work. Shri Shankar Agrawal, Secretary, Housing, Government of Uttar Pradesh issued an affidavit on the date 21/02/2008 regarding the same construction work and thus the court issued notice against it.

Further, the notice also granted stayed on the order which the Division Bench of the Allahabad High Court directed as an interlocutor order on 04/04/2008. Uttar Pradesh then filed a transfer petition to the Supreme Court so that the matter can be transferred to the same court for further proceedings which was pending before the Lucknow Bench of the Allahabad High Court.

On 08/09/2009 the Supreme Court passed an order under which the undertaking of the State was recorded which stated that there will be no further construction held because of the subject matter that is pending before the Lucknow Bench of the Allahabad High Court.

On behalf of the newspaper report, the court also directed that every activity including repairing, construction, maintenance, etc. must be stopped at every construction site which was covered under the previous decision of the court, as well as all the places must be vacated within six hours[5].

On 06/10/2009, the Supreme Court issued a show cause notice against the Chief Secretary, State of Uttar Pradesh for contempt of court and directed him to justify why he should not be punished under contempt of court. The court has issued the notice before only but the Chief Secretary hasn't followed the notice to stop the construction and hence the court issued this show-cause notice. Further, based on this show-cause notice, the Suo Moto Contempt Proceeding which was registered earlier was held absolute under the orders of the Supreme Court[6].

Conclusion:
The Hon'ble Supreme Court heard the arguments of the state as well as the other side and gave the verdict, firstly the Supreme Court confirmed that they were not interfering with the orders which the Division Bench of the Lucknow Bench of Allahabad High Court on the date 04/04/2008.

For the pending petition, the Supreme Court requested the Allahabad High Court to establish a special bench to consider that petition. In that manner, as the court will establish the special bench, the transfer petition can be held null and void. The Supreme Court suggested that the special bench must complete the proceedings within four months.

The Supreme Court ordered the Chief Secretary of the U.P. Government to file an affidavit regarding the maintenance, cleaning, and other repairing issues that must be done during that time the writ petition is pending. Thus Mr. V.K. Sharma, acting Chief Secretary of the U.P. Government has issued the notice including all the pending works over the different projects.

After the Chief Secretary issued the notice, the Supreme Court clarified that it will not permit the State Government to work for all the listed projects and further, the list will be filtered in a manner that only the necessary projects will be granted leave.

The Hon'ble Supreme Court observed the reply of the Chief Secretary, of Uttar Pradesh which was against the show-cause notice regarding the contempt. The Supreme Court observed that there was no any construction held against the court's order and therefore the proceeding of contempt can't be justified in this case. Hence the Supreme Court discharged the suo moto notice which was issued to the Chief Secretary of Uttar Pradesh regarding the contempt of court.

Hence in the case of State of Uttar Pradesh and Others Vs. Gomti Nagar Jain Kalyan Maha Samiti, the Hon'ble Supreme Court disposed of the Special Leave Petition, Transfer Petition, and Contempt Petition. Further, the court also clarified that the order by the Supreme Court will anyhow not affect any other pending proceeding of the court.

End-Notes:

1. (2021), https://www.casemine.com/judgement/in/5609aee9e4b01497114151c2
2. Section 326, Indian Penal Code, 1860
3. Section 435, Indian Penal Code, 1860
4. Section 438, Indian Penal Code, 1860
5. State of U.P. and Others v Gomti Nagar Jan Kalyan Maha Samiti and Others on 09 February 2010 - Judgement - LawyerServices, Lawyerservices.in (2021), https://www.lawyerservices.in/State-of-UP-and-Others-Versus-Gomti-Nagar-Jan-Kalyan-Maha-Samiti-and-Others-2010-02-09
6. (2021), https://www.latestlaws.com/latest-caselaw/2010/february/2010-latest-caselaw-126-sc/