Allahabad High Court
ABHISHEK TRIPATHI AND 2 OTHERSversusSHRI PRATAP SINGH BAGHEL, THE DIRECTOR OF (SECONDARY) EDUCATION
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court held that the opposite party must be given further time to comply with the original order before contempt proceedings can be entertained.
Summary
The applicants filed a contempt application alleging that the Director of Secondary Education had willfully failed to comply with an order dated 16 April 2026 issued in Writ A No. 3470 of 2026. The court examined whether the non‑compliance justified contempt proceedings and whether notice to the opposite party was required at this stage. It found a prima facie case of willful disobedience but declined to issue a notice, instead granting the opposite party an additional two 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 to the opposite party. The application was disposed without initiating contempt proceedings, leaving open the possibility of a fresh application if compliance is not achieved.
Issues considered
- Whether the failure to comply with the order dated 16‑04‑2026 constitutes contempt of court.
- Whether notice to the opposite party is required before proceeding with contempt proceedings.
Subjects
- contempt of court
- writ jurisdiction
- compliance with court order
- procedural law
- civil contempt
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6541 of 2026
Abhishek Tripathi And 2 Others
.....Applicant(s)
Versus
Shri Pratap Singh Baghel, The Director Of
(Secondary) Education .....Opposite
Party(s)
Counsel for Applicant(s) : Kedar Nath Mishra, Shubham Tripathi
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 16.04.2026 passed in Writ A No. 3470 of
2026.
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 two months further time to comply with the order
dated 16.04.2026 passed by this Court in Writ-A No. 3470 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 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. 6541 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 18, 2026
Sartaj
Digitally signed by :-
SARTAJ AHMAD
High Court of Judicature at Allahabad
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