Allahabad High Court
BALVIR SINGHversusANIL KUMAR, EXECUTIVE ENGINEER, NALKOOP DIVISION
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court found a prima facie case of contempt but ordered the opposite party to comply with the earlier judgment within two months and disposed of the contempt application pending compliance.
Summary
Balvir Singh filed a contempt application against Anil Kumar, Executive Engineer, alleging willful disobedience of a judgment dated 10‑02‑2026 in WRIT‑A No. 19725 of 2025. The court noted that a prima facie case of contempt existed but, instead of issuing a notice, it granted the opposite party two months to comply with the earlier order. 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 the opposite party fails to 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 dated 10‑02‑2026 amounts to contempt of court
- Whether notice is required before proceeding with contempt proceedings
- Whether the court may grant time for compliance instead of immediate contempt sanction
Subjects
- contempt of court
- willful disobedience
- writ petition
- compliance
- civil contempt
- procedural directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6513 of 2026
Balvir Singh
.....Applicant(s)
Versus
Anil Kumar, Executive Engineer, Nalkoop
Division .....Opposite
Party(s)
Counsel for Applicant(s) : Shiv Gopal Singh
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
disobeyed the order dated 10.02.2026 passed by this Hon'ble Court In
WRIT-A No. 19725 of 2025.
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 10.02.2026. 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 two months further time to comply with the
order dated 10.02.2026 passed by this Hon'ble Court In WRIT-A No.
19725 of 2025 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
CAPL No. 6513 of 2026
2
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 18, 2026
Ashu
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
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