Allahabad High Court
VIVEK YADAVversusSHRI SURENDRA KUMAR TIWARI, SECRETARY, BASIC EDUCATION BOARD
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The Court declined to issue a notice and instead granted a further three‑month period for compliance, disposing of the contempt application pending compliance.
Summary
Vivek Yadav filed a contempt application against Surendra Kumar Tiwari, Secretary of the Basic Education Board, alleging that the Board failed to comply with the order dated 25‑05‑2026 in Writ‑A No. 8070/2026 which required it to decide a claim. The High Court noted a prima facie case of willful disobedience but declined to issue a notice at this stage. Instead, the Court granted the opposite party an additional three months to comply with the writ order, subject to the applicant providing stamped envelopes for service. The Court also directed the office to forward the order and contempt application to the opposite party and required the opposite party to inform the applicant of compliance within a week thereafter. The application was disposed of, leaving the matter open for a fresh contempt proceeding if the order remains unimplemented.
Issues considered
- What is the appropriate procedure when a party allegedly fails to comply with a writ court's order?
- Should a notice be issued before initiating contempt proceedings in the present circumstances?
- Is a time‑extension appropriate before proceeding with contempt action?
Subjects
- contempt of court
- non‑compliance
- writ petition
- order enforcement
- procedural directions
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6485 of 2026
Vivek Yadav
.....Applicant(s)
Versus
Shri Surendra Kumar Tiwari, Secretary, Basic
Education Board .....Opposite
Party(s)
Counsel for Applicant(s) : Girish Chandra Maurya
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 25.05.2026 passed in Writ A No. 8070/2026
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 three months further time to comply with the order
dated 25.05.2026 passed by this Court in Writ-A No. 8070/2026 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. 6485 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 17, 2026
Rajesh
Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad
Checking your session…