Allahabad High Court
MOHD SARWARversusDOCTOR BRIJESH KUMAR
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The Court held that although a prima facie case of contempt existed, it would not issue a notice but instead grant the opposite party three months to comply with the earlier order.
Summary
The applicant, Mohd Sarwar, filed a contempt application alleging that Dr Brijesh Kumar willfully defied the order dated 24 April 2026 issued by this Court in PIL No. 1046 of 2026. The applicant claimed that despite service of a certified copy of the order, the opposite party had not complied with the directions of the writ court. The Court observed that a prima facie case of contempt existed but chose not to issue a notice at this stage. Instead, the Court granted the opposite party an additional three‑month period to comply with the earlier order, subject to specific procedural steps for service of the order and communication. The Court directed the applicant to provide stamped envelopes for service and stipulated timelines for the opposite party to comply and inform the applicant. If compliance is not achieved, the applicant may approach the Court again. Accordingly, the contempt application was disposed of without further penalty.
Issues considered
- Whether Dr Brijesh Kumar is in contempt for willful defiance of the order dated 24 April 2026 in PIL No. 1046 of 2026
- Whether the Court should issue a notice of contempt or grant further time for compliance
Subjects
- civil contempt
- willful defiance
- court order compliance
- PIL
- High Court of Allahabad
- procedural directions
- contempt application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6654 of 2026
Mohd Sarwar
.....Applicant(s)
Versus
Doctor Brijesh Kumar
.....Opposite
Party(s)
Counsel for Applicant(s) : Jeeshan Ahmad Siddiqui, Kanhaiya
Lal, Mohammed Iftekhar
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 willful
defiance of the order dated 24.04.2026 passed by this Hon'ble Court in
Public Interest Litigation (PIL) No. 1046 of 2026 (Mohd. Sarwar Vs.
State of U.P. and others).
3. It is contended by learned counsel for the applicant that despite service
of certified copy of the order upon the opposite party, 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 three months further time to comply with the
order dated 24.04.2026 passed by this Hon'ble Court in Public Interest
Litigation (PIL) No. 1046 of 2026 (Mohd. Sarwar Vs. State of U.P. and
others) 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
CAPL No. 6654 of 2026
2
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.
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 23, 2026
N.S.Rathour
Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad
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