Allahabad High Court
DEVANTIversusKUNWAR SACHIN SINGH
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court did not find the opposite party in contempt, granted additional time for compliance, and disposed of the contempt application at this stage.
Summary
The applicant filed a contempt application alleging that the opposite party failed to comply with the order dated 18‑02‑2026 (as corrected on 26‑02‑2026) in Writ C No. 6582/2026, which required the opposite party to decide a claim. The court noted that a copy of the order had been served but compliance had not occurred, establishing a prima facie case of willful disobedience. However, the court declined to issue a notice of contempt at this stage and instead granted the opposite party an additional three months to comply, subject to a procedural mechanism involving stamped envelopes. The applicant was directed to provide the necessary envelopes within two weeks, after which the court would forward the order and contempt application to the opposite party. The court further ordered that the opposite party must inform the applicant of compliance within a week of receiving the order, and warned that the applicant could approach the court again if compliance was not achieved. The contempt application was therefore disposed of pending further compliance.
Issues considered
- Whether the opposite party's failure to comply with the order dated 18‑02‑2026 (corrected 26‑02‑2026) constitutes contempt of court.
- Whether a notice of contempt is required before proceeding with contempt proceedings.
Subjects
- civil contempt
- non‑compliance
- writ petition
- order enforcement
- High Court
- procedural directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6090 of 2026
Devanti
.....Applicant(s)
Versus
Kunwar Sachin Singh
.....Opposite
Party(s)
Counsel for Applicant(s) : Anil Kumar 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 non-
compliance of the order dated 18.02.2026 as corrected on 26.02.2026 passed
in Writ C No. 6582/2026 whereby the writ petition was disposed of directing
the opposite party to decide the claim.
3. It is contended by learned counsel for the applicant that 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 three months further time to comply with the order
dated 18.02.2026 as corrected on 26.02.2026 passed by this Court in Writ-C
No. 6582/2026 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 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. 6090 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
Rajesh
Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad
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