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Allahabad High Court

SHIV NARAYANversusDR. RISHIKESH BHASKAR YASHOD, THE CONSOLIDATION COMMISSIONER AND 2 OTHERS

Decided

Holding

The court did not issue a notice but granted the opposite party time to comply, thereby disposing of the contempt application at this stage.

Summary

Shiv Narayan filed a contempt application alleging that Dr. Rishikesh Bhaskar Yashod and others failed to comply with an order dated 27‑08‑2024 in Writ‑B No.2034/2024, which required the opposite party to decide a claim. The applicant claimed the order had been served but remained unimplemented. The court observed that a prima facie case of willful disobedience existed but refrained from issuing a notice at this stage. Instead, the court granted the opposite party an additional four months to comply, subject to procedural steps involving stamped envelopes and a self‑addressed envelope. The court directed 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 alleged non‑compliance with the order of 27‑08‑2024 constitutes contempt of court.
  • Whether a notice is required before proceeding with contempt proceedings in such circumstances.

Subjects

  • contempt of court
  • non‑compliance of order
  • writ petition
  • procedural directions
  • High Court

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
             CONTEMPT APPLICATION (CIVIL) No. - 6673 of 2026

Shiv Narayan
                                                             .....Applicant(s)
                                     Versus

Dr. Rishikesh Bhaskar Yashod, The Consolidation
Commissioner And 2 Others                                        .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)      : Chandra Prakash Tiwari, Satish Kumar
                                Pandey
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 27.08.2024 passed in Writ B No. 2034/2024
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 four months further time to comply with the order
dated 27.08.2024 passed by this Court in Writ-B No. 2034/2024 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
                                                                                             CAPL No. 6673 of 2026
                                                                    2


                                    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
                                    Rajesh




Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad


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