Allahabad High Court
SAMALIYAversusMANISH BANSAL DISTRICT MAGISTRATE / COLLECTOR AGRA
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The contempt application is disposed, with the opposite party granted six weeks to comply with the writ order and no contempt finding at this stage.
Summary
The applicant, Samaliya, filed a contempt application against the District Magistrate/Collector, Manish Bansal, alleging willful defiance of a High Court order dated 29‑04‑2026 in Writ‑A No. 6147 of 2026. The applicant claimed that despite service of a certified copy of the order, the opposite party had not complied. The Court observed that a prima facie case of contempt existed but, without issuing a notice, granted the opposite party six weeks from receipt of the certified copy to comply. The Court directed the applicant to provide stamped envelopes for service of the order and contempt application, and ordered the Court’s office to forward them within a week. The opposite party was instructed to comply with the writ court’s directions and inform the applicant within a week thereafter, failing which the applicant may approach the Court again. The contempt application was therefore disposed at this stage pending compliance.
Issues considered
- Whether the contempt application should proceed without a notice to the opposite party
- Whether the opposite party should be granted time to comply with the writ order before contempt proceedings are initiated
Subjects
- contempt of court
- willful disobedience
- writ order compliance
- High Court of Allahabad
- civil contempt
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6074 of 2026
Samaliya
.....Applicant(s)
Versus
Manish Bansal District Magistrate / Collector Agra
.....Opposite
Party(s)
Counsel for Applicant(s) : Durga Tiwari
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 29.04.2026 passed in Writ-A no. 6147 of 2026
(Samaliya versus state of U.P and 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 weeks further time to comply with the order
dated 29.04.2026 passed in Writ-A no. 6147 of 2026 (Samaliya versus
state of U.P and 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
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.
CAPL No. 6074 of 2026
2
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
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