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Allahabad High Court

ATUL KUMARversusASHISH KUMAR SINGH TEHSILDAR, TEHSIL SHAHGANJ

Decided

Holding

The court found a prima facie case of contempt but stayed further contempt proceedings, granting the opposite party time to comply with the original order.

Summary

The applicant filed a contempt application alleging that the opposite party willfully disobeyed the High Court's order dated 23 April 2025 in Civil Misc. Writ Petition No. 11231 of 2025. The order had been served on 17 May 2025, but the opposite party had not complied. The court observed that a prima facie case of contempt existed but noted that no notice had been issued to the opposite party. Consequently, the court granted the opposite party an additional three months to comply and directed the applicant to provide stamped envelopes for service of the order. The court further directed that the opposite party must inform the applicant of compliance within a week of receiving the order, and if compliance fails, the applicant may approach the court again. The contempt application was therefore disposed of at this stage.

Issues considered

  • Whether the opposite party's failure to comply with the order dated 23‑04‑2025 amounts to contempt of court
  • Whether notice is required before proceeding with contempt proceedings

Subjects

  • contempt
  • willful disobedience
  • civil writ
  • court order compliance
  • procedural directions
  • High Court

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CONTEMPT APPLICATION (CIVIL) No. - 3007 of 2026

Atul Kumar
                                                          .....Applicant(s)
                                  Versus

Ashish Kumar Singh Tehsildar, Tehsil Shahganj
                                                             .....Opposite
                                                                   Party(s)

Counsel for Applicant(s)      : Ashish Jaiswal, Pramod Kumar Yadav
Counsel for Opposite Party(s) :


Court No. - 9
                HON'BLE ROHIT RANJAN AGARWAL, J.

1. Heard learned counsel for the applicant.

2. The present contempt application has been filed for punishing the
Opposite Party for willful disobedience of the judgment and order dated
23.4.2025 passed by this Court in Civil Misc. Writ Petition No. 11231 of
2025.

3. It is contended by learned counsel for the applicant that the applicant
had filed the aforesaid writ petition, which was disposed of vide order
dated 23.4.2025. Copy of the order was served on 17.5.2025 but till date
the order of writ Court has not been complied with.

4. Prima facie, a case has been made out for punishing the opposite party
for willful disobedience of the judgment and order passed in the aforesaid
writ petition.

5. However, no notice is issued to the opposite party at this stage. The
opposite party is granted three months further time to comply with the
order dated 23.4.2025 passed by this Court in Civil Misc. Writ Petition
No. 11231 of 2025 from the date of production of a certified copy of this
order.

6. The applicant shall supply a duly stamped registered envelope
addressed to the opposite parties and another self-addressed envelope to
the office within two weeks from today. The office shall send a copy of
                                                                                           CAPL No. 3007 of 2026
                                                                   2


                                    this order along with the self-addressed envelope of the applicant with a
                                    copy of contempt application to the opposite parties within one week
                                    thereafter and keep a record thereof.

                                    7. The opposite party shall comply with the directions of the writ court
                                    and intimate the applicant the order through the self-addressed envelop
                                    within a week thereafter.

                                    8. In case, the opposite party does not comply with the order, it would be
                                    open to the applicant to approach this court again.

                                    9. With the aforesaid observations, this application is finally disposed of
                                    at this stage.



                                                                                   (Rohit Ranjan Agarwal,J.)
                                    May 6, 2026
                                    Shekhar




Digitally signed by :-
SHASHI SHEKHAR PANDEY
High Court of Judicature at Allahabad


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