Allahabad High Court
ROOPCHANDversusASHFAQUE ALAM ANSARI, CONSOLIDATION OFFICER SADAR -II
- Decided
- Bench
- VIKAS BUDHWAR
Holding
A prima facie case of contempt exists, but the court deferred contempt proceedings by granting the opposite party six months to comply with the writ order.
Summary
The applicant, Roopchand, filed a contempt application alleging that the opposite party, Ashfaque Alam Ansari, willfully defied the order dated 13‑01‑2026 passed in Writ‑B No. 4840 of 2025. The court noted that despite service of a certified copy of the order, the opposite party had not complied. While a prima facie case of contempt was found, the court chose not to issue a notice at this stage. Instead, it granted the opposite party six months from receipt of the certified copy to comply with the writ order. The applicant was directed to provide stamped envelopes for service of the order, and the opposite party was instructed to comply and inform the applicant within a week thereafter. The court held that if compliance is not achieved, the applicant may approach the court again, and the contempt application was disposed of for now.
Issues considered
- Whether the opposite party's failure to comply with the order dated 13‑01‑2026 constitutes willful contempt.
- Whether notice is required before proceeding with contempt proceedings.
- Whether the court may grant a further period for compliance instead of immediate contempt sanction.
Subjects
- contempt
- willful disobedience
- writ order compliance
- High Court of Allahabad
- procedural direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6713 of 2026
Roopchand
.....Applicant(s)
Versus
Ashfaque Alam Ansari, Consolidation Officer
Sadar -II .....Opposite
Party(s)
Counsel for Applicant(s) : Kshama Singh, Yashwant Singh
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 willful
defiance of the order dated 13.01.2026 passed in Writ-B No. 4840 of
2025 (Roopchand Vs. State of U.P. and 3 others).
3. It is contended by learned counsel for the applicant that despite service
of certified copy of the order upon the opposite party, 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 13.01.2026 passed in Writ-B No. 4840 of 2025 (Roopchand Vs.
State of U.P. and 3 others) 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
CAPL No. 6713 of 2026
2
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 24, 2026
N.S.Rathour
Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad
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