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Allahabad High Court

RAM PRAKASH SRIVASTAVversusDR. ASHUTOSH KUMAR DWIVEDITHE THEN DISTRICT MAGISTRATE AND ANOTHER

Decided

Holding

The court did not find contempt at this stage but granted the opposite party two months to comply with the earlier order.

Summary

Ram Prakash Srivastav filed a contempt application against Dr. Ashutosh Kumar Dwivedi, the then District Magistrate, alleging failure to comply with an order dated 17‑12‑2025 in Writ‑A No. 18645/2025 that required the opposite party to decide a claim. The applicant claimed that a copy of the order had been served but no compliance had occurred. The court found a prima facie case of willful disobedience but declined to issue a notice at this stage. Instead, the court granted the opposite party an additional two months to comply, subject to procedural steps involving stamped envelopes and self‑addressed envelopes. The court directed 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 17‑12‑2025 constitutes contempt of court.
  • Whether a notice should be issued before proceeding with contempt proceedings.
  • Whether the court may grant additional time for compliance instead of immediate contempt sanction.

Subjects

  • contempt
  • non‑compliance
  • writ petition
  • order enforcement
  • procedural directions

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
             CONTEMPT APPLICATION (CIVIL) No. - 6671 of 2026

Ram Prakash Srivastav
                                                             .....Applicant(s)
                                     Versus

Dr. Ashutosh Kumar Dwivedithe Then District
Magistrate And Another                                           .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)               :      Amar Chandra, Sunil Kumar
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 17.12.2025 passed in Writ A No. 18645/2025
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 17.12.2025 passed by this Court in Writ-A No. 18645/2025 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. 6671 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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