Allahabad High Court
SANTOSH KUMAR YADAVversusSURENDRA KUMAR TIWARI SECRETARY OF U.P. BASIC SHIKSHA PARISHAD
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court did not issue notice but granted the opposite party six weeks to comply, thereby disposing of the contempt application at this stage.
Summary
Santosh Kumar Yadav filed a contempt application against Surendra Kumar Tiwari, Secretary of U.P. Basic Shiksha Parishad, alleging that the latter had not complied with the order dated 19‑08‑2025 in Writ‑A No. 11839/2025 which required the opposite party to decide a claim. The court noted a prima facie case of willful disobedience but declined to issue a notice at this stage. Instead, it granted the opposite party six weeks from receipt of a certified copy of the order to comply, and directed the applicant to provide stamped envelopes for service. The opposite party was also instructed to inform the applicant of compliance within a week thereafter. The court held that if compliance is not achieved, the applicant may approach the court again, and disposed of the contempt application for the time being.
Issues considered
- Whether a contempt proceeding should be initiated for alleged non‑compliance with the order dated 19‑08‑2025 in Writ‑A No. 11839/2025
- Whether notice to the opposite party is required before proceeding with contempt
Subjects
- contempt
- non‑compliance
- writ petition
- order enforcement
- procedural directions
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6106 of 2026
Santosh Kumar Yadav
.....Applicant(s)
Versus
Surendra Kumar Tiwari Secretary Of U.P. Basic
Shiksha Parishad .....Opposite
Party(s)
Counsel for Applicant(s) : Sudhir Kumar 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 non-
compliance of the order dated 19.08.2025 passed in Writ A No. 11839/2025
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 six weeks further time to comply with the order
dated 19.08.2025 passed by this Court in Writ-A No. 11839/2025 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. 6106 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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