Allahabad High Court
MOHIT KUMARversusMR. VIKAS KUMAR YADAV AND ANOTHER
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court held that, although a prima facie case of contempt exists, it will not proceed with contempt proceedings and instead grant the opposite party an additional month to comply with the order.
Summary
The applicant filed a contempt application alleging that the opposite party failed to comply with an order dated 16 June 2026 issued in Writ C No. 23905/2026, which required the opposite party to decide a claim. The applicant claimed that a copy of the order had been served but no compliance had occurred. The court observed that a prima facie case of willful disobedience existed but declined to issue a notice at this stage. Instead, the court granted the opposite party an additional month to comply, subject to the applicant providing stamped envelopes for service. The court directed that the order be sent to the opposite party and that compliance be reported within a week, and held that if compliance is not achieved, the applicant may approach the court again. The contempt application was therefore disposed of pending further compliance.
Issues considered
- Whether the opposite party's failure to comply with the order dated 16‑06‑2026 constitutes contempt of court
- Whether a notice should be issued and contempt proceedings should be initiated at this stage
Subjects
- contempt
- non‑compliance
- writ petition
- order enforcement
- High Court
- procedural directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6519 of 2026
Mohit Kumar
.....Applicant(s)
Versus
Mr. Vikas Kumar Yadav And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Dharmendra Pratap Singh, Krishna
Deep 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 preferred alleging non-
compliance of the order dated 16.06.2026 passed in Writ C No. 23905 of
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 one month further time to comply with the order
dated 16.06.2026 passed by this Court in Writ-C No. 23905/2026 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
CAPL No. 6519 of 2026
2
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
Rajesh
Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad
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