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Allahabad High Court

RAM ASHISHversusANKUR VERMA SUB DIVISIONAL MAGISTRATE

Decided

Holding

While a prima facie case of contempt exists, the court held that the matter should be resolved by granting the opposite party a further period to comply, without issuing a notice at this stage.

Summary

The High Court of Allahabad entertained a contempt application filed by Ram Ashish against Sub‑Divisional Magistrate Ankur Verma for allegedly failing to comply with the order dated 08‑06‑2026 in PIL No. 1481 of 2026, which directed the opposite party to decide a claim. The applicant asserted that a copy of the order had been served but no action was taken. The court found a prima facie case of willful disobedience but, without issuing a notice, granted the opposite party an additional four‑month period to comply, subject to specific procedural steps. The applicant was directed to furnish a duly stamped registered envelope and a self‑addressed envelope, after which the court would forward the certified copy of the order to the opposite party. The opposite party was ordered to comply with the writ court’s directions and inform the applicant within a week of receipt. The court indicated that if compliance is not achieved, the applicant may approach the court again, and the contempt application was disposed at this stage.

Issues considered

  • Whether the opposite party's failure to act on the writ court's order amounts to contempt of court
  • Whether a notice is required before initiating contempt proceedings
  • What procedural measures are appropriate to enforce compliance with the writ court's order

Subjects

  • contempt of court
  • non‑compliance
  • writ petition
  • procedural directions
  • High Court of Allahabad

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CONTEMPT APPLICATION (CIVIL) No. - 6102 of 2026

Ram Ashish
                                                             .....Applicant(s)
                                   Versus

Ankur Verma Sub Divisional Magistrate
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)                      :   Amar Singh Yadav
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 08.06.2026 passed in PIL No. 1481 of 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 four months further time to comply with the order
dated 08.06.2026 passed by this Court in PIL No. 1481 of 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. 6102 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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