Allahabad High Court
AMRESH CHANDRA DUBEY AND 13 OTHERSversusSHRI PAWAN KUMAR GANGWAR, DISTRICT-MIRZAPUR
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court did not issue notice but granted further time for compliance and disposed of the contempt application at this stage.
Summary
The applicants, Amresh Chandra Dubey and 13 others, filed a contempt application alleging that the opposite party, Shri Pawan Kumar Gangwar, willfully defied the order dated 09‑04‑2026 passed in Writ‑A No. 4419 of 2026. The court noted that despite service of a certified copy of the writ order, the opposite party had not complied. While a prima facie case for contempt was found, the court declined to issue a notice at this stage. Instead, it granted the opposite party an additional four weeks to comply and directed the applicants to provide stamped envelopes for service of the order. The court ordered that the opposite party must comply with the writ court’s directions and inform the applicants within a week thereafter, and left open the possibility of a fresh contempt application if compliance fails. The contempt application was therefore disposed of pending compliance.
Issues considered
- Whether the alleged non‑compliance with the writ order amounts to contempt of court
- Whether notice is required before proceeding with contempt proceedings
- Whether the court may grant additional time for compliance before adjudicating the contempt application
Subjects
- contempt of court
- willful disobedience
- writ petition
- compliance order
- High Court of Allahabad
- procedural direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6850 of 2026
Amresh Chandra Dubey And 13 Others
.....Applicant(s)
Versus
Shri Pawan Kumar Gangwar, District-Mirzapur
.....Opposite
Party(s)
Counsel for Applicant(s) : Dharmendra Kumar Tripathi, Shashank
Tripathi
Counsel for Opposite Party(s) :
Court No. - 53
HON'BLE VIKAS BUDHWAR, J.
1. Heard learned counsel for the applicants.
2. The present contempt application has been preferred alleging willful
defiance of the order dated 09.04.2026 passed in Writ-A No. 4419 of
2026, Amresh Chandra Dubey and 18 others Vs. State of U.P. and 2 other
s.
3. It is contended by learned counsel for the applicants 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 weeks further time to comply with the order
dated 09.04.2026 passed in Writ-A No. 4419 of 2026, Amresh Chandra
Dubey and 18 others Vs. State of U.P. and 2 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
CAPL No. 6850 of 2026
2
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.
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 29, 2026
N.S.Rathour
Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad
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