Allahabad High Court
SHRAWAN KUMAR UPADHYAY AND 2 OTHERSversusBHAN SINGH MAURYA SPECIAL LAND ACQUISITION OFFICER
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court held that although a prima facie case of contempt existed, the opposite party was given a three‑month period to comply with the writ order before contempt proceedings could be pursued.
Summary
The applicants, Shrawan Kumar Upadhyay and two others, filed a contempt application alleging that the opposite party, Special Land Acquisition Officer Bhan Singh Maurya, willfully defied the order dated 16‑April‑2026 in Writ C No. 14628 of 2025. The court noted that a certified copy of the writ order had been served but compliance had not been achieved. While recognizing a prima facie case of contempt, the court declined to issue a notice at this stage and instead granted the opposite party an additional three months to comply. The court directed the applicants to provide stamped envelopes for service of the order and contempt application, and instructed the court office to forward these to the opposite party. The opposite party was ordered to comply with the writ court’s directions and inform the applicants within a week thereafter. The court disposed of the contempt application pending further compliance.
Issues considered
- Does the opposite party's failure to comply with the writ order constitute contempt of court?
- Is it necessary to issue a notice before proceeding with contempt proceedings?
Subjects
- contempt
- willful disobedience
- writ order compliance
- High Court of Allahabad
- civil contempt
- procedural directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6073 of 2026
Shrawan Kumar Upadhyay and 2 Others
.....Applicant(s)
Versus
Bhan Singh Maurya Special Land Acquisition
Officer .....Opposite
Party(s)
Counsel for Applicant(s) : Chandra Kant
Counsel for Opposite Party(s) :
Court No. - 53
HON'BLE VIKAS BUDHWAR, J.
1. Heard learned counsel for the applicanst.
2. The present contempt application has been preferred alleging willful
defiance of the order dated 16.4.2026 in Writ C No. 14628 of 2025 (
Shrawan Kumar Upadhyay and 2 others Vs. State of U.P and 5 others).
3. It is contended by learned counsel for the applicants 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 three months further time to comply with the
order dated 16.4.2026 in Writ C No. 14628 of 2025 (Shrawan Kumar
Upadhyay and 2 others Vs. State of U.P and 5 others) from the date of
production of a certified copy of this order.
6. The applicants 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
order along with the self-addressed envelope of the applicants with a copy
of contempt application to the opposite party within one week thereafter
CAPL No. 6073 of 2026
2
and keep a record thereof.
7. The opposite party shall comply with the directions of the writ court
and intimate the applicants 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 applicants 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
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