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Allahabad High Court

BRIJESH KUMARversusDIVYANSHI SINGH, TEHSILDAR, TEHSIL PHOOLPUR

Decided

Holding

The court held that while a prima facie case of contempt existed, it would not punish the opposite party at this stage but instead granted further time to comply and disposed of the contempt application.

Summary

The applicant filed a contempt application alleging that the opposite party willfully disobeyed the judgment and order dated 05.12.2025 in Writ Petition (C) No. 42926 of 2025. The court noted that a prima facie case of contempt existed but, at this stage, no notice was issued to the opposite party. Instead, the court granted the opposite party an additional three months to comply with the order, subject to service of the order through a self‑addressed envelope. The applicant was directed to provide stamped envelopes for service, and the opposite party was required to intimate compliance within a week of receipt. The court held that if compliance is not achieved, the applicant may approach the court again, and the contempt application was disposed of without a contempt finding.

Issues considered

  • Whether the opposite party's failure to comply with the order dated 05.12.2025 constitutes contempt of court
  • Whether notice is required before proceeding with contempt proceedings

Subjects

  • contempt of court
  • willful disobedience
  • writ petition
  • compliance order
  • procedural direction

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CONTEMPT APPLICATION (CIVIL) No. - 6694 of 2026

Brijesh Kumar
                                                          .....Applicant(s)
                                  Versus

Divyanshi Singh, Tehsildar, Tehsil Phoolpur
                                                             .....Opposite
                                                                   Party(s)

Counsel for Applicant(s)                       :    Vimal 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 filed for punishing the
Opposite Party for willful disobedience of the judgment and order dated
05.12.2025 passed by the Hon'ble Court in Writ Petition (C) No. 42926 of
2025.

3. It is contended by learned counsel for the applicant that the applicant
had filed the aforesaid writ petition, which was disposed of vide order
dated 05.12.2025. 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 three months further time to comply with the
order dated 05.12.2025 passed by the Hon'ble Court in Writ Petition (C)
No. 42926 of 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 parties and another self-addressed envelope to
the office within two weeks from today. The office shall send a copy of
                                                                                           CAPL No. 6694 of 2026
                                                                   2


                                    this order along with the self-addressed envelope of the applicant with a
                                    copy of contempt application to the opposite parties within one week
                                    thereafter and keep a 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
                                    Ashu




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

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