Allahabad High Court
BANSHIDHAR TIWARIversusSHRI MOHD AMAN AND ANOTHER
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court held that the opposite party must be given six months to comply with the earlier writ order and the contempt application is dismissed pending compliance.
Summary
In a civil contempt application (No. 6684 of 2026), the applicant Banshidhar Tiwari alleged that the opposite parties, Shri Mohd Aman and another, had willfully failed to comply with an order dated 24‑04‑2026 issued in PIL No. 1055/2026 directing them to decide a claim. The applicant claimed that a copy of the order had been served but no action was taken. The court examined whether the non‑compliance amounted to contempt and whether procedural notice was required before initiating contempt proceedings. It concluded that, although a prima facie case of contempt existed, the opposite party should first be given an opportunity to comply, and therefore no notice was issued at this stage. The court granted the opposite party six months to comply, set procedural steps for service of the order, and disposed of the contempt application pending compliance.
Issues considered
- Does the opposite party's failure to comply with the writ court's order constitute contempt of court?
- Is it necessary to issue a notice to the opposite party before proceeding with contempt proceedings?
Subjects
- contempt
- civil contempt
- non‑compliance
- writ petition
- order compliance
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6684 of 2026
Banshidhar Tiwari
.....Applicant(s)
Versus
Shri Mohd Aman And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anil Kumar 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 PIL No. 1055/2026
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 six months further time to comply with the order
dated 24.04.2026 passed by this Court in PIL No. 1055/2026 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. 6684 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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