Allahabad High Court
ASHISH KUMARversusSHRI SAMUEL PAUL N., AND 2 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court held that although a prima facie case of contempt exists, the matter should be adjourned to give the opposite party a further month to comply, and the contempt application was disposed of at this stage.
Summary
The applicant, Ashish Kumar, filed a contempt application alleging that the opposite parties willfully defied an order dated 08‑04‑2026 issued in Civil Misc. Writ Petition No.1989 of 2025. The court noted that a certified copy of the order had been served but compliance had not occurred. While recognizing a prima facie case of contempt, the court declined to issue a notice and instead granted the opposite parties an additional month to comply. The court directed the applicant to provide stamped envelopes for service of the order and contempt application, and ordered the court office to forward these to the opposite parties. The opposite parties were instructed to comply with the writ court’s directions and inform the applicant within a week thereafter. The application was disposed of at this stage, with the applicant free to approach the court again if compliance is not achieved.
Issues considered
- Does the opposite party's failure to comply with the order dated 08‑04‑2026 constitute contempt of court?
Subjects
- contempt of court
- order compliance
- civil writ petition
- High Court of Allahabad
- procedural directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6721 of 2026
Ashish Kumar
.....Applicant(s)
Versus
Shri Samuel Paul N., And 2 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ankit Dubey, Devottam Pandey, Kshitij
Ram Dubey, Sumit Kumar Agrahari
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 08.04.2026 passed in Civil Misc. Writ Petition
No.1989 of 2025 (Ashish Kumar Vs. State of U.P. and 05 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 one month further time to comply with the order
dated 08.04.2026 passed in Civil Misc. Writ Petition No.1989 of 2025
(Ashish Kumar Vs. State of U.P. and 05 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. 6721 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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