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Allahabad High Court

SATENDRAversusSRI MANISH KUMAR

Decided

Holding

A prima facie case of contempt exists, but the court refrains from issuing notice and instead grants the opposite party six months to comply with the writ order.

Summary

Satendra filed a contempt application against Manish Kumar alleging willful defiance of the order dated 25‑03‑2025 passed in Writ‑C No. 8608 of 2025 (Satendra v. State of U.P. & 12 others). The applicant claimed that despite service of a certified copy of the order, the opposite party had not complied. The court observed that a prima facie case of contempt existed but 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 and directed the applicant to provide stamped envelopes for service. The court further directed that the order be sent to the opposite party and that compliance be reported within a week thereafter, leaving open the possibility of a fresh application if non‑compliance persisted. The contempt application was therefore disposed of at this stage.

Issues considered

  • Whether the opposite party’s failure to comply with the writ order amounts to contempt of court
  • Whether notice of contempt is required before imposing any sanction

Subjects

  • contempt of court
  • willful disobedience
  • writ order compliance
  • High Court of Allahabad
  • procedural directions

Judgment

           HIGH COURT OF JUDICATURE AT ALLAHABAD
            CONTEMPT APPLICATION (CIVIL) No. - 6744 of 2026

Satendra
                                                             .....Applicant(s)
                                   Versus

Sri Manish Kumar
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)      : Prateek Sinha, Sabhya Dhar Dwivedi
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 25.03.2025 passed in Writ-C No. 8608 of
2025 (Satendra Vs. State of U.P. and 12 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 25.03.2025 passed in Writ-C No. 8608 of 2025 (Satendra Vs. State
of U.P. and 12 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
and keep a record thereof.
                                                                                           CAPL No. 6744 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 24, 2026
                                    N.S.Rathour




Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad


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