Allahabad High Court
ALOKIK SHARMAversusSHRI CHANDRA PRAKASH SINGH, DISTRICT MAGISTRATE
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court found a prima facie case of contempt but disposed of the application, granting the opposite party four months to comply with the writ order and directing procedural steps for service.
Summary
Alokik Sharma filed a contempt application against the District Magistrate, alleging willful defiance of the order dated 17‑06‑2021 passed in Writ‑C No. 6822 of 2021 (Alokik Sharma v. State of U.P. and 3 others). The applicant claimed that despite service of a certified copy, the order had not been complied with. The High Court observed that a prima facie case of contempt existed but declined to issue a notice at this stage. Instead, the court granted the opposite party four months from receipt of the certified copy to comply with the writ order and prescribed a procedure for service of the order and contempt application. The court directed the applicant to provide stamped envelopes for service and held that if compliance is not achieved, the applicant may approach the court again. The contempt application was therefore disposed of pending compliance.
Issues considered
- Whether the District Magistrate's failure to comply with the writ order amounts to contempt of court
- Whether notice should be issued to the opposite party in a contempt proceeding
- What relief, if any, the court may grant in a contempt application for non‑compliance
Subjects
- contempt of court
- willful disobedience
- writ order compliance
- High Court procedural directions
- civil contempt
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6476 of 2026
Alokik Sharma
.....Applicant(s)
Versus
Shri Chandra Prakash Singh, District Magistrate
.....Opposite
Party(s)
Counsel for Applicant(s) : Sandeep Kumar Shukla
Counsel for Opposite Party(s) :
Court No. - 53
HON'BLE VIKAS BUDHWAR, J.
1. Heard Sri Sanjay Shankar Pandey, learned counsel for the applicant.
2. The present contempt application has been preferred alleging willful
defiance of the order dated 17.06.2021 passed in Writ- C No. 6822 of
2021 (Alokik Sharma Vs. State of U.P. and 3 others).
3. It is contended by learned counsel for the applicant that despite service
of certified copy of the order upon the opposite party, 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 17.06.2021 passed in Writ- C No. 6822 of 2021 (Alokik
Sharma Vs. State of U.P. and 3 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 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. 6476 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.)
October 1, 2026
N.S.Rathour
Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad
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