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Allahabad High Court

DHARMENDRA KUMARversusSHRI DEVASHISH JANA, DIVISIONAL FOREST OFFICER

Decided

Holding

The court declined to issue notice, granted a two‑month compliance period, and disposed of the contempt application at this stage.

Summary

The applicant, Dharmendra Kumar, filed a contempt application alleging that the opposite party, Divisional Forest Officer Shri Devashish Jana, failed to comply with an order dated 20 May 2026 issued in Writ A No. 7654 of 2026. The court noted that a prima facie case of willful disobedience existed but declined to issue a notice at this stage. Instead, the court granted the opposite party an additional two months to comply with the writ order, subject to the applicant providing stamped envelopes for service. The court directed the office to forward the order and contempt application to the opposite party and required the opposite party to inform the applicant of compliance within a week thereafter. The court held that if compliance is not achieved, the applicant may approach the court again, and the contempt application was disposed of for the time being.

Issues considered

  • Whether the opposite party's failure to comply with the order dated 20‑05‑2026 constitutes contempt of court
  • Whether notice should be issued before proceeding with contempt proceedings

Subjects

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

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
             CONTEMPT APPLICATION (CIVIL) No. - 6555 of 2026

Dharmendra Kumar
                                                             .....Applicant(s)
                                     Versus

Shri Devashish Jana, Divisional Forest Officer
                                                                 .....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. 7654 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. 7654 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. 6555 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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