Allahabad High Court
MAHESH KUMAR TIWARIversusCHANDRA PRAKASH BAJPAYEE, CONSOLIDATION OFFICER, SADAR
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court declined to issue notice and ordered a three‑month period for the opposite party to comply, holding that contempt proceedings will only be entertained if the order remains unfulfilled.
Summary
The applicant, Mahesh Kumar Tiwari, filed a contempt application alleging that the opposite party, Consolidation Officer Chandra Prakash Bajpayee, willfully failed to comply with the High Court’s judgment and order dated 09‑05‑2023 in Writ‑B No.1813 of 2023. The applicant claimed that despite being served a copy of the order, the opposite party had not acted in accordance with the directions. The court examined whether the alleged non‑compliance amounted to contempt and whether notice was required before proceeding with contempt proceedings. It held that, at this stage, a prima facie case existed but the court would not issue notice; instead, it granted the opposite party three months to comply after a certified copy of the order is sent. The court directed the applicant to provide stamped envelopes for service of the order and contempt application, and ordered the opposite party to comply and inform the applicant within a week of receipt. If compliance is not achieved, the applicant may approach the court again, and the contempt application is disposed of for now.
Issues considered
- Does the opposite party's failure to comply with the order dated 09‑05‑2023 constitute contempt of court?
- Is it necessary to issue a notice to the opposite party before proceeding with contempt proceedings?
Subjects
- contempt of court
- order compliance
- notice requirement
- civil procedure
- writ jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6114 of 2026
Mahesh Kumar Tiwari
.....Applicant(s)
Versus
Chandra Prakash Bajpayee, Consolidation Officer,
Sadar .....Opposite
Party(s)
Counsel for Applicant(s) : Laxmi Kant Bhatt
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
09.05.2023 passed by this Hon'ble Court in Writ-B No.1813 of 2023.
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 09.05.2023. 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 09.05.2023 passed by this Hon'ble Court in Writ-B No.1813
of 2023 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
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
CAPL No. 6114 of 2026
2
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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