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Allahabad High Court

UMESH KUMAR UPADHYAYversusMR. DEEPAK KUMAR, ADDITIONAL CHIEF SECRETARY /IN-CHARGE, FINANCE DEPARTMENT

Decided

Holding

The court held that no contempt could be adjudicated at this stage and granted the opposite party further time to comply with the order.

Summary

The applicant filed a contempt application alleging that the opposite party, an Additional Chief Secretary, had willfully failed to comply with an order dated 23‑04‑2026 issued in Writ‑A No. 5836 of 2026. The court examined the claim and found that a prima facie case existed but noted that no notice had been issued to the opposite party. Consequently, the court granted the opposite party an additional six weeks to comply with the original order, subject to procedural steps involving stamped envelopes and a self‑addressed envelope. The court directed the applicant to provide the necessary envelopes within two weeks and the office to forward the order and contempt application within one week. The court further ordered that the opposite party must inform the applicant of compliance within a week thereafter, and if compliance fails, the applicant may approach the court again. The contempt application was therefore disposed of at this stage without a finding of contempt.

Issues considered

  • Whether the opposite party is in contempt for wilful non‑compliance with the order dated 23‑04‑2026 in Writ‑A No. 5836 of 2026

Subjects

  • contempt
  • non‑compliance
  • writ order
  • High Court
  • procedural directions
  • notice

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
             CONTEMPT APPLICATION (CIVIL) No. - 6546 of 2026

Umesh Kumar Upadhyay
                                                             .....Applicant(s)
                                     Versus

Mr. Deepak Kumar, Additional Chief Secretary /In-
Charge, Finance Department                                       .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)                      :   Ashok Kumar Pandey
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 23.04.2026 passed in Writ A No. 5836 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 six weeks further time to comply with the order
dated 23.04.2026 passed by this Court in Writ-A No. 5836 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. 6546 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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