Allahabad High Court
LAL SAHAB AND ANOTHERversusSHRI S.K, MADHUKAR
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court did not find immediate contempt, instead gave the opposite party six weeks to comply and disposed of the application at this stage.
Summary
Lal Sahab and another filed a contempt application alleging that S.K. Madhukar failed to comply with an order dated 02.02.2026 in Writ‑A No. 19789/2025, which required the opposite party to decide a claim. The court noted a prima facie case of willful disobedience but refrained from issuing a notice at this stage. It granted the opposite party six weeks from receipt of a certified copy of the order to comply, and directed the applicant to provide stamped envelopes for service. The opposite party must send the complied order to the applicant within a week of compliance. The court held that if compliance is not achieved, the applicant may approach the court again, and disposed of the contempt application for now.
Issues considered
- Whether the opposite party's failure to decide the claim constitutes contempt of the court's order
- Whether a notice should be issued and immediate contempt proceedings should be initiated
Subjects
- contempt
- non‑compliance
- writ execution
- court order enforcement
- procedural directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6688 of 2026
Lal Sahab And Another
.....Applicant(s)
Versus
Shri S.K, Madhukar
.....Opposite
Party(s)
Counsel for Applicant(s) : Sheetala Prasad 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 02.02.2026 passed in Writ A No. 19789/2025
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 six weeks further time to comply with the order
dated 02.02.2026 passed by this Court in Writ-A No. 19789/2025 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. 6688 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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