Allahabad High Court
SUNIL KUMARversusSRI RAJENDRA PRASAD, EXECUTIVE OFFICER, NAGAR PALIKA PARISHAD
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court observed a prima facie case of contempt but deferred proceedings, granting the opposite party time to comply and disposing the application for now.
Summary
Sunil Kumar filed a contempt application against Sri Rajendra Prasad, Executive Officer of Nagar Palika Parishad, alleging willful defiance of an order dated 20‑05‑2026 issued in Writ‑A No. 7760 of 2026 (Sunil Kumar (Safai Nayak) vs State of U.P. and others). The court noted that a prima facie case of contempt existed because the opposite party had not complied with the writ order despite service of a certified copy. However, the court declined to issue a notice at this stage and instead granted the opposite party three months from receipt of the order to comply. The applicant was directed to provide stamped envelopes for service of the order, and the court ordered that the opposite party must inform the applicant of compliance within a week thereafter. The court further held that if compliance is not achieved, the applicant may approach the court again, and the contempt application was disposed of for the time being.
Issues considered
- Whether the opposite party's failure to comply with the writ order amounts to contempt of court.
- Whether notice should be issued and contempt proceedings should be initiated at this stage.
Subjects
- contempt of court
- willful disobedience
- writ order compliance
- procedural directions
- High Court of Judicature at Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6852 of 2026
Sunil Kumar
.....Applicant(s)
Versus
Sri Rajendra Prasad, Executive Officer, Nagar
Palika Parishad .....Opposite
Party(s)
Counsel for Applicant(s) : Sudhir Kumar Shukla
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 20.05.2026 passed in Writ-A No. 7760 of
2026 (Sunil Kumar (Safai Nayak) 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 three months further time to comply with the
order dated 20.05.2026 passed in Writ-A No. 7760 of 2026 (Sunil Kumar
(Safai Nayak) 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
CAPL No. 6852 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 29, 2026
N.S.Rathour
Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad
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