Allahabad High Court
RAJ KUMAR PANDEY AND ANOTHERversusRAJ KUMAR GUPTA, SUB DIVISIONAL MAGISTRATE
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court found a prima facie case of contempt but deferred proceedings, granting the opposite party time to comply with the earlier order.
Summary
The High Court of Allahabad heard a contempt application filed by Raj Kumar Pandey and another against Sub Divisional Magistrate Raj Kumar Gupta for allegedly failing to comply with an order dated 25 March 2026 issued in PIL No. 756 of 2026. The applicant claimed that despite service of the order, the opposite party had not acted on the direction to decide a claim. The court observed that a prima facie case of willful disobedience existed but declined to issue a notice at this stage. Instead, the court granted the opposite party an additional month to comply, subject to procedural steps involving the delivery of the order via registered envelopes. The opposite party was directed to inform the applicant of compliance within a week thereafter, and the applicant was permitted to approach the court again if compliance was not achieved. The contempt application was therefore disposed of pending further compliance.
Issues considered
- Whether the failure to comply with the order dated 25‑03‑2026 constitutes civil contempt.
- Whether a notice is required before initiating contempt proceedings against a public officer.
- What appropriate relief the court may grant in a contempt application where non‑compliance is alleged.
Subjects
- civil contempt
- non‑compliance
- public interest litigation
- High Court
- order enforcement
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6757 of 2026
Raj Kumar Pandey And Another
.....Applicant(s)
Versus
Raj Kumar Gupta, Sub Divisional Magistrate
.....Opposite
Party(s)
Counsel for Applicant(s) : Anup Dhar Dubey, Yash Kesarwani
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 non-
compliance of the order dated 25.03.2026 passed in Public Interest
Litigation (PIL) No. 756 of 2026 whereby the writ petition was disposed
of directing the opposite party to decide the claim.
3. It is contended by learned counsel for the applicant that 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 one month further time to comply with the order
dated 25.03.2026 passed by this Court in Public Interest Litigation (PIL)
No. 756 of 2026 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. 6757 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
Rajesh
Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad
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