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Allahabad High Court

AJIT CHAUBEYversusSULTAN SINGH

Decided

Holding

The court declined to issue notice and disposed of the contempt application, granting the opposite party time to comply with the writ order.

Summary

The applicant, Ajit Chaubey, filed a contempt application alleging that the opposite party, Sultan Singh, willfully defied an order dated 20‑02‑2026 passed in Writ‑A No. 2547 of 2026. The court examined whether a contempt proceeding should be initiated and whether notice should be issued. While it found a prima facie case of willful disobedience, the court declined to issue notice at this stage. Instead, it granted the opposite party four months from receipt of a certified copy of the order to comply, and directed the applicant to provide stamped envelopes for service. The court further ordered that if compliance is not achieved, the applicant may approach the court again. The contempt application was therefore disposed of pending compliance.

Issues considered

  • Whether the opposite party's failure to comply with the writ order amounts to contempt warranting immediate proceedings
  • Whether notice should be issued to the opposite party at this stage

Subjects

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

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CONTEMPT APPLICATION (CIVIL) No. - 6749 of 2026

Ajit Chaubey
                                                             .....Applicant(s)
                                   Versus

Sultan Singh
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)                         :    Suneel 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 preferred alleging willful
defiance of the order dated 20.02.2026 passed in Writ-A No. 2547 of
2026 (Ajit Chaubey vs State of U.P. and 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 four months further time to comply with the
order dated 20.02.2026 passed in Writ-A No. 2547 of 2026 (Ajit Chaubey
vs State of U.P. and 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. 6749 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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