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Allahabad High Court

RAJ KUMAR SRIVASTAVAversusSHRI MADAN MOHAN GARBYAL, VICE CHAIRMAN, KANPUR DEVELOPMENT AUTHORITY, KANPUR NAGAR, OFFICE AT MOTI

Decided

Holding

The Court found a prima facie case of contempt but deferred immediate punitive action, granting the opposite party three months to comply with the original order.

Summary

The applicant, Raj Kumar Srivastava, filed a contempt application alleging that the Vice Chairman of the Kanpur Development Authority, the opposite party, willfully disobeyed the High Court's order dated 8 January 2026 in Civil Misc. Writ Petition No. 23730 of 2025. The order had been served on 19 January 2026, but compliance had not been achieved. The Court found a prima facie case of contempt but, instead of issuing a notice, granted the opposite party an additional three months to comply after a certified copy of the order is sent. The Court directed the applicant to provide stamped envelopes for service, and the opposite party to comply and inform the applicant within a week of receipt. 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 High Court's order constitutes willful disobedience amounting to contempt.

Subjects

  • contempt
  • willful disobedience
  • civil writ
  • High Court
  • compliance

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CONTEMPT APPLICATION (CIVIL) No. - 3040 of 2026

Raj Kumar Srivastava
                                                          .....Applicant(s)
                                  Versus


Shri Madan Mohan Garbyal, Vice Chairman,
Kanpur Development Authority, Kanpur Nagar,
Office At Moti Jheel Compound                                .....Opposite
                                                                   Party(s)

Counsel for Applicant(s)                   :   Vijay Kumar Mishra
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
8.1.2026 passed by this Court in Civil Misc. Writ Petition No. 23730 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 8.1.2026. Copy of the order was served on 19.1.2026 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 8.1.2026 passed by this Court in Civil Misc. Writ Petition No.
23730 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
                                                                                           CAPL No. 3040 of 2026
                                                                   2


                                    the office within two weeks from today. The office shall send a copy of
                                    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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