Allahabad High Court
PRADEEP KUMARversusSRI DEVASHISH JENA, DIVISIONAL FOREST OFFICER MAHOBA FOREST DIVISION
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court did not find contempt at this stage and granted the opposite party two months to comply with the order.
Summary
The applicant, Pradeep Kumar, filed a contempt application alleging that the Divisional Forest Officer, Sri Devashish Jena, failed to comply with an order dated 20 May 2026 issued in Writ A No. 7683 of 2026. The applicant claimed that a copy of the order had been served but no compliance had occurred. The court examined whether a prima facie case of willful disobedience existed and considered the procedural requirement of issuing notice. It held that while a case for contempt could be made out, the opposite party should be given an opportunity to comply before contempt proceedings are pursued. Accordingly, the court granted the opposite party two months to comply, directed the applicant to provide stamped envelopes for service, and disposed of the contempt application at this stage.
Issues considered
- Whether the opposite party is in contempt for wilful non‑compliance with the order dated 20‑05‑2026.
- Whether notice and an opportunity to comply are required before proceeding with contempt.
Subjects
- contempt
- writ
- non‑compliance
- order
- procedural
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6553 of 2026
Pradeep Kumar
.....Applicant(s)
Versus
Sri Devashish Jena, Divisional Forest Officer
Mahoba Forest Division .....Opposite
Party(s)
Counsel for Applicant(s) : Anil Kumar Shukla, Sarita Jhingan
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 20.05.2026 passed in Writ A No. 7683 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 20.05.2026 passed by this Court in Writ-A No. 7683 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. 6553 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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