Allahabad High Court
SHIMBHUversusKRISHNA KARUNESH, CHIEF EXECUTIVE OFFICER, NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY, SECTOR-6, NO
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The contempt application was disposed without proceeding to contempt, granting the opposite party eight weeks to comply with the earlier order.
Summary
The applicant filed a contempt application alleging that the opposite party willfully disobeyed the High Court's order dated 23 April 2026 in Civil Misc. Writ (C) Petition No. 15307 of 2026. The court examined the claim and found a prima facie case for contempt but noted that no notice had been issued to the opposite party. Consequently, the court granted the opposite party an additional eight weeks to comply with the original order, directing the applicant to provide stamped envelopes for service. The opposite party was instructed to comply and inform the applicant within a week of compliance. The court held that if the opposite party fails to comply, the applicant may approach the court again, and the contempt application was disposed at this stage.
Issues considered
- Whether the opposite party is in contempt for willful disobedience of the order dated 23‑04‑2026.
- Whether notice is required before proceeding with contempt proceedings.
Subjects
- contempt
- civil writ
- non‑compliance
- order enforcement
- High Court
- procedural directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6113 of 2026
Shimbhu
.....Applicant(s)
Versus
Krishna Karunesh, Chief Executive Officer, New
Okhla Industrial Development Authority, Sector-6,
Noida .....Opposite
Party(s)
Counsel for Applicant(s) : Abhishek Kumar Tiwari, Samsad
Ahmed Khan
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 filed for punishing the
Opposite Party for willful disobedience of the judgment and order dated
23.04.2026 passed by this Hon'ble Court in Civil Misc. Writ (C) Petition
No. 15307 of 2026 (Shimbhu Vs. State of U.P. & 2 Others).
3. It is contended by learned counsel for the applicant that the applicant
had filed the aforesaid writ petition, which was disposed of vide order
dated 23.04.2026. 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 eight weeks further time to comply with the
order dated 23.04.2026 passed by this Hon'ble Court in Civil Misc. Writ
(C) Petition No. 15307 of 2026 (Shimbhu Vs. State of U.P. & 2
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 parties and another self-addressed envelope to
CAPL No. 6113 of 2026
2
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 parties within one week
thereafter 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
Ashu
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
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