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Allahabad High Court

SMT ANEETA SINGHversusSHRI PAWAN KUMAR GANGWAR, DISTRICT MAGISTRATE

Decided

Holding

The court found a prima facie case of contempt but refrained from issuing a notice, granting the opposite party three months to comply and disposing of the application at this stage.

Summary

The applicant, Smt. Aneeta Singh, filed a contempt application alleging that the opposite party, Shri Pawan Kumar Gangwar, District Magistrate, had failed to comply with an order dated 13-08-2026 issued in Writ C No. 24016/2026 directing him to decide a claim. The applicant claimed that a copy of the order had been served but no action had been taken. The court examined whether there was a prima facie case of willful disobedience and considered the procedural requirements for proceeding with contempt. While it found a prima facie case, the court declined to issue a notice at this stage and instead granted the opposite party an additional three months to comply. The court directed the applicant to provide stamped envelopes for service of the order and contempt application, and ordered the court office to forward the documents within a week. The contempt application was therefore disposed, with a further opportunity for the applicant to approach the court if compliance is not achieved.

Issues considered

  • Whether the failure of the District Magistrate to comply with the order dated 13-08-2026 constitutes contempt of court.
  • Whether a notice should be issued to the opposite party before proceeding with contempt proceedings.

Subjects

  • contempt of court
  • non‑compliance
  • writ petition
  • order enforcement
  • High Court of Allahabad

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
             CONTEMPT APPLICATION (CIVIL) No. - 6537 of 2026

Smt Aneeta Singh
                                                             .....Applicant(s)
                                     Versus

Shri Pawan Kumar Gangwar, District Magistrate
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)      : Abhay Mishra, Prateek Srivastava,
                                Singh Sanjeev Kumar Mahendra
                                Kumar
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 13.08.2026 passed in Writ C No. 24016/2026
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 13.08.2026 passed by this Court in Writ-C No. 24016/2026 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. 6537 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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