Allahabad High Court
SAROJ KUMAR DUBEYversusDINESH KUMAR, ADDITIONAL DISTRICT MAGISTRATE ( FINANCE AND REVENUE)
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court declined to issue a notice, granted six months for compliance, and disposed of the contempt application at this stage.
Summary
Saroj Kumar Dubey filed a contempt application against Dinesh Kumar, Additional District Magistrate, alleging willful defiance of a High Court order dated 02.01.2024 in Writ C No. 44360 of 2023 (Smt. Kanti Devi v. State of U.P. & 14 Others). The applicant claimed that despite service of a certified copy, the opposite party had not complied with the writ order. The Court observed that a prima facie case of contempt existed but refrained from issuing a notice at this stage. Instead, it granted the opposite party six months from receipt of the certified copy to comply with the writ order and directed procedural steps for communication. The Court further directed that if compliance is not achieved, the applicant may approach the Court again, and disposed of the contempt application for the time being.
Issues considered
- Whether the alleged non‑compliance with the writ order amounts to contempt of court.
- Whether a notice should be issued before proceeding with contempt proceedings.
- Whether the court can grant a time‑extension for compliance in contempt matters.
Subjects
- contempt of court
- willful disobedience
- writ order compliance
- High Court of Allahabad
- procedural directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6067 of 2026
Saroj Kumar Dubey
.....Applicant(s)
Versus
Dinesh Kumar, Additional District Magistrate (
Finance And Revenue) .....Opposite
Party(s)
Counsel for Applicant(s) : Deo Prakash Singh, Shubham Kumar
Singh
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 preferred alleging willful
defiance of the order dated 02.01.2024 passed by this Hon'ble Court in
Writ C No. 44360 of 2023 (Smt. Kanti Devi Versus State of U.P. and 14
Others).
3. It is contended by learned counsel for the applicant that despite service
of certified copy of the order upon the opposite party, 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 six months further time to comply with the order
dated 02.01.2024 passed by this Hon'ble Court in Writ C No. 44360 of
2023 (Smt. Kanti Devi Versus State of U.P. and 14 Others) 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 party and another self-addressed envelope to the
office within two weeks from today. The office shall send a copy of this
CAPL No. 6067 of 2026
2
order along with the self-addressed envelope of the applicant with a copy
of contempt application to the opposite party 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
N.S.Rathour
Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad
Checking your session…