Allahabad High Court
ARVIND KUMAR PANDEY AND ANOTHERversusPARTH SARTHI SEN SHARMA, ADDITIONAL CHIEF SECRETARY (BASIC EDUCATION)
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court held that although a prima facie case of contempt exists, it will not issue a notice but instead grant the opposite party two months to comply and disposed of the contempt application at this stage.
Summary
The applicant filed a contempt application alleging that the opposite party failed to comply with an order dated 22‑04‑2026 issued in Writ‑A No. 5753/2026 directing the opposite party to decide a claim. 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 from the date of service of a certified copy of the order to comply. The applicant was directed to provide stamped envelopes for service of the order and contempt application, and the court ordered that the opposite party must inform the applicant of compliance within a week thereafter. The court further held that if compliance is not achieved, the applicant may approach the court again, and the contempt application was disposed of for now.
Issues considered
- Whether the opposite party's failure to comply with the order dated 22‑04‑2026 constitutes contempt of court
- Whether the court should issue a notice and proceed with contempt proceedings or grant further time for compliance
Subjects
- contempt
- non‑compliance
- writ petition
- High Court
- procedural directions
- order enforcement
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6667 of 2026
Arvind Kumar Pandey And Another
.....Applicant(s)
Versus
Parth Sarthi Sen Sharma, Additional Chief
Secretary (Basic Education) .....Opposite
Party(s)
Counsel for Applicant(s) : Kushmondeya Shahi, Tanuj Shahi
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 22.04.2026 passed in Writ A No. 5753/2026
whereby the writ petition was disposed of directing the opposite party to
decide the claim.
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 22.04.2026 passed by this Court in Writ-A No. 5753/2026 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. 6667 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 23, 2026
Rajesh
Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad
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