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Allahabad High Court

SUSHIL KUMAR SHARMA AND 129 OTHERSversusSRI MODAK RAJESH D. RAO,

Decided

Holding

The contempt application was disposed of, with the opposite party granted time to comply with the original order and no notice issued at this stage.

Summary

The applicants filed a contempt application alleging that the opposite party willfully disobeyed the judgment and order dated 03‑04‑2026 issued in Writ Petition No. 4715 of 2026. The court noted that a prima facie case existed for contempt but, instead of issuing a notice, it granted the opposite party an eight‑week period to comply with the original order. The applicants were directed to provide stamped envelopes for service of the contempt application, after which the court would forward the order to the opposite party. The opposite party was instructed to comply with the writ court’s directions and inform the applicants within a week of compliance. The court held that if the opposite party fails to comply, the applicants may approach the court again, and the contempt application was disposed of at this stage.

Issues considered

  • Whether the contempt application should be proceeded against without a notice to the opposite party
  • Whether the opposite party should be given time to comply with the original writ order before contempt proceedings are continued

Subjects

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

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CONTEMPT APPLICATION (CIVIL) No. - 6889 of 2026

Sushil Kumar Sharma And 129 Others
                                                          .....Applicant(s)
                                  Versus

Sri Modak Rajesh D. Rao,
                                                             .....Opposite
                                                                   Party(s)

Counsel for Applicant(s)                   :   Pankaj Kumar Singh
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 filed for punishing the
Opposite Party for willful disobedience of the judgment and order dated
03.04.2026 passed by this Court in Writ Petition No.4715 of 2026.

3. It is contended by learned counsel for the applicant that the applicant
had filed the aforesaid writ petition, which was disposed of vide order
dated 03.04.2026. 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 eight weeks further time to comply with the
order dated 03.04.2026 passed by this Court in Writ Petition No.4715 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 parties 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 parties within one week
thereafter and keep a record thereof.
                                                                                           CAPL No. 6889 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 30, 2026
                                    Ashu




Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad


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