Allahabad High Court
MARK ANTHONY SALDANHA AND ANOTHERversusSHRI MEDHA ROOPAM COLLECTOR/DISTRICT MAGISTRATE
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court held that while a prima facie case of contempt exists, the matter was deferred by granting the opposite party two months to comply and ordering procedural steps before proceeding further.
Summary
The applicants filed a contempt application alleging that the opposite party, the Collector/District Magistrate, willfully disobeyed the order dated 01‑04‑2026 issued in Civil Misc. Writ (C) Petition No. 12257 of 2026. The court examined the claim and found a prima facie case of contempt for non‑compliance. However, the court did not issue a notice at this stage and instead granted the opposite party an additional two months to comply with the original order. The court directed the applicants to provide stamped envelopes for service of the contempt application and ordered that the opposite party must inform the applicants of compliance within a week of receiving the order. The court further held that if the opposite party fails to comply, the applicants may approach the court again, and the contempt application was disposed of for the time being.
Issues considered
- Does the opposite party's failure to comply with the order dated 01‑04‑2026 constitute contempt of court?
- Is it necessary to issue a notice before proceeding with contempt proceedings in this context?
Subjects
- contempt
- civil writ
- non‑compliance
- order enforcement
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6065 of 2026
Mark Anthony Saldanha And Another
.....Applicant(s)
Versus
Shri Medha Roopam Collector/District Magistrate
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajay Kumar Sharma, Rahul Kumar
Mishra
Counsel for Opposite Party(s) :
Court No. - 53
HON'BLE VIKAS BUDHWAR, 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
for non compliance of order dated 01.04.2026 passed by this Hon'ble
Court in Civil Misc. Writ (C) Petition No. 12257 of 2026.
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 01.04.2026. Copy of the order was served 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 two months further time to comply with the
order dated 01.04.2026 passed by this Hon'ble Court in Civil Misc. Writ
(C) Petition No. 12257 of 2026 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. 6065 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.
(Vikas Budhwar,J.)
September 8, 2026
Ashu
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
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