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Allahabad High Court

CHHAVIRAJversusMR. BHAN SINGH, COMPETENT AUTHORITY /SPECIAL LAND ACQUISITION OFFICER

Decided

Holding

The Court found a prima facie case of contempt but disposed of the application, granting the opposite party six weeks to comply with the original order.

Summary

Chhaviraj filed a writ petition (Writ‑C No. 19706 of 2026) which was disposed by the Allahabad High Court on 19 May 2026, directing the opposite party, Mr. Bhan Singh, Special Land Acquisition Officer, to comply with certain directions. The opposite party failed to obey the order, prompting Chhaviraj to file a contempt application seeking punishment for willful disobedience. The Court noted that a prima facie case of contempt existed but, instead of issuing a notice, it granted the opposite party six weeks to comply with the original order after a certified copy is served. The Court also directed the applicant to provide stamped envelopes for service of the order and contempt application. If the opposite party does not comply, the applicant may approach the Court again. The contempt application was therefore disposed of at this stage pending compliance.

Issues considered

  • Whether the opposite party's failure to comply with the order constitutes willful disobedience amounting to contempt.
  • Whether a contempt application can be entertained without issuing a notice to the opposite party.

Subjects

  • contempt
  • willful disobedience
  • writ petition
  • compliance
  • High Court
  • procedural order

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
            CONTEMPT APPLICATION (CIVIL) No. - 6503 of 2026

Chhaviraj
                                                          .....Applicant(s)
                                  Versus

Mr. Bhan Singh, Competent Authority /Special
Land Acquisition Officer                                     .....Opposite
                                                                   Party(s)

Counsel for Applicant(s)            :   Vijay Babu Ray, Vikas Shukla
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
19.05.2026 passed by this Hon'ble Court in Writ-C No. 19706 of 2026.

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 19.05.2026. 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 six weeks further time to comply with the order
dated 19.05.2026 passed by this Hon'ble Court in Writ-C No. 19706 of
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 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. 6503 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 18, 2026
                                    Ashu




Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad


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