Allahabad High Court
SARVAR ALIversusNARENDRA SINGH TAHSILDAR CAMPAIERGANJ
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court held that although a prima facie case of contempt exists, the application is disposed with a direction to the opposite party to comply with the earlier order within ninety days.
Summary
Sarvar Ali filed a contempt application against Narendra Singh, a Tahsildar, alleging that the order dated 25 September 2024 in PIL No. 1903 of 2024 directing the opposite party to decide a claim had not been complied with. The court noted that a prima facie case of willful disobedience existed but declined to issue a notice at this stage. Instead, the court granted the opposite party ninety days from the production of a certified copy of the order to comply. The applicant was directed to provide stamped envelopes for service of the order and contempt application, and the court ordered that the opposite party send a copy of the order to the applicant within a week of compliance. The court further held that if the opposite party fails to comply, the applicant may approach the court again. The contempt application was therefore disposed of pending compliance.
Issues considered
- Whether the contempt application should proceed despite the lack of notice to the opposite party
- Whether the opposite party should be granted time to comply with the earlier writ order before contempt proceedings are initiated
Subjects
- contempt
- non-compliance
- writ petition
- order enforcement
- procedural directions
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6100 of 2026
Sarvar Ali
.....Applicant(s)
Versus
Narendra Singh Tahsildar Campaierganj
.....Opposite
Party(s)
Counsel for Applicant(s) : Najakat Ali
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 25.09.2024 passed in PIL No. 1903 of 2024
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 ninety days further time to comply with the order
dated 25.09.2024 passed by this Court in PIL No. 1903 of 2024 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. 6100 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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