Allahabad High Court
RAJESH KUMARversusSHRI S RAJALINGAM DIVISIONAL COMMISSIONER
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court held that although a prima facie case of contempt exists, the application is disposed pending compliance, with a six‑month period granted to the opposite party to obey the order.
Summary
Rajesh Kumar filed a contempt application against the Divisional Commissioner alleging willful non‑compliance of an order dated 06‑08‑2025 passed in an application under Section 529. The applicant claimed that despite service of the order, the opposite party had not complied. The court observed that a prima facie case of contempt existed but declined to issue a notice, instead granting the opposite party six months to comply from the date a certified copy is produced. The court directed the applicant to provide stamped envelopes for service and stipulated that the court office will forward the order and contempt application to the opposite party. The opposite party must comply with the writ court’s directions and inform the applicant within a week thereafter, failing which the applicant may approach the court again. The contempt application was therefore disposed pending compliance.
Issues considered
- Whether the non‑compliance of the order dated 06‑08‑2025 constitutes contempt of court.
- Whether notice should be issued and immediate contempt proceedings should be initiated.
Legislation cited
- Code of Civil Procedure, 1908 — s. 529
Subjects
- contempt
- non‑compliance
- Section 529
- High Court of Allahabad
- writ order
- procedural directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6543 of 2026
Rajesh Kumar
.....Applicant(s)
Versus
Shri S Rajalingam Divisional Commissioner
.....Opposite
Party(s)
Counsel for Applicant(s) : Akhilesh Kumar Tiwari, Santosh
Kumar Tiwari, Vimal Kumar Maurya
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 06.08.2025 passed in Application U/S 529
BNSS No. 2470 of 2025.
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 six months further time to comply with the order
dated 06.08.2025 passed by this Court in Application U/S 529 BNSS No. 24
70 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 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. 6543 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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