Allahabad High Court
AMARNATH UPADHYAYversusSMT SARIKA MOHAN
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court declined to issue notice, instead granting the opposite party four weeks to comply with the writ order and disposing of the contempt application at this stage.
Summary
The applicant, Amarnath Upadhyay, filed a contempt application alleging that the opposite party, Smt Sarika Mohan, failed to comply with the order dated 24-04-2026 issued in Writ A No. 5948/2026 directing her to decide a claim. The court examined the allegation and found a prima facie case of willful disobedience but noted that no notice had been issued to the opposite party. Consequently, the court granted the opposite party an additional four weeks to comply with the writ order, subject to service of the order through a certified copy and self-addressed envelopes as directed. The applicant was instructed to provide the necessary stamped envelopes within two weeks, and the court’s office would forward the order to the opposite party. The court held that if the opposite party still fails to comply, the applicant may approach the court again, and the contempt application was disposed of at this stage.
Issues considered
- Whether the opposite party's failure to comply with the order dated 24-04-2026 constitutes contempt of court
- Whether notice is required before proceeding with contempt proceedings
Subjects
- contempt
- non-compliance
- writ petition
- order enforcement
- procedural directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6674 of 2026
Amarnath Upadhyay
.....Applicant(s)
Versus
Smt Sarika Mohan
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajesh Dutta Pandey, Shubham Mishra
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 24.04.2026 passed in Writ A No. 5948/2026
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 four weeks further time to comply with the order
dated 24.04.2026 passed by this Court in Writ-A No. 5948/2026 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. 6674 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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