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Allahabad High Court

KAILASH NATHversusSHAILESH KUMAR PANDEY SETTLEMENT OFFICER OF CONSOLIDATION

Decided

Holding

A prima facie case of willful disobedience exists, but the court refrains from issuing a contempt notice and instead grants the opposite party three months to comply with the writ order.

Summary

Kailash Nath filed a contempt application against Shailesh Kumar Pandey, the Settlement Officer, alleging willful defiance of an order dated 22 April 2026 issued in Civil Misc. Writ Petition No. 1720 of 2025. The High Court noted that a certified copy of the writ order had been served but remained unimplemented. While the court found a prima facie case of contempt, it refrained from issuing a notice and instead granted the opposite party three months to comply with the writ order. The court directed the applicant 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 further directed to comply with the writ order and inform the applicant within a week of compliance. The application was disposed of pending compliance, with the applicant free to approach the court again if the order remains unfulfilled.

Issues considered

  • Whether the opposite party willfully defied the order dated 22 April 2026 in Civil Misc. Writ Petition No. 1720 of 2025.
  • Whether contempt proceedings should be initiated against the opposite party.

Subjects

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

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CONTEMPT APPLICATION (CIVIL) No. - 6075 of 2026

Kailash Nath
                                                             .....Applicant(s)
                                   Versus

Shailesh Kumar Pandey Settlement Officer Of
Consolidation                                                    .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)                      :   Kailash Nath 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 22.04.2026 passed in Civil Misc. Writ Petition
No. 1720 of 2025 [Kailash Nath 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 three months further time to comply with the
order dated 22.04.2026 passed in Civil Misc. Writ Petition No. 1720 of
2025 [Kailash Nath 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
                                                                                           CAPL No. 6075 of 2026
                                                                   2


                                    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


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