Allahabad High Court
RADHEYSHYAM SINGH AND 9 OTHERSversusSRI AKHILESH KUMAR CHAURASIYA, THE DEPUTY INSPECTOR GENERAL OF POLICE ESTABLISHMENT POLICE HEADQUAR
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court found a prima facie case of contempt but, in the absence of notice, ordered the opposite party to be given two weeks to comply before any further contempt proceedings.
Summary
The applicants, Radheyshyam Singh and others, filed a contempt application seeking to punish the opposite party for willful disobedience of a judgment dated 30 April 2026 in Civil Miscellaneous Writ Petition No. 6361 of 2026. The writ court had ordered the opposite party to take certain actions, but the order had not been complied with despite service of a certified copy. The court observed that a prima facie case of contempt existed but noted that no notice had been issued to the opposite party at this stage. Consequently, the court granted the opposite party an additional two weeks to comply with the writ court's order and directed procedural steps for communication between the parties. The application was ultimately disposed of, with a direction that the applicant may approach the court again if compliance is not achieved.
Issues considered
- What is the appropriate procedure for entertaining a contempt application when the alleged contemnor has not been given notice?
- Whether a prima facie case of contempt exists based on non‑compliance with the writ court's order dated 30‑04‑2026.
Subjects
- contempt of court
- civil contempt
- non‑compliance with judgment
- writ petition
- procedural notice
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6893 of 2026
Radheyshyam Singh And 9 Others
.....Applicant(s)
Versus
Sri Akhilesh Kumar Chaurasiya, The Deputy
Inspector General Of Police Establishment Police
Headquarter .....Opposite
Party(s)
Counsel for Applicant(s) : Rajesh 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
30/04/2026, passed in Civil. Misc writ petition No. 6361 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 30/04/2026. 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 two weeks further time to comply with the order
dated 30/04/2026, passed in Civil. Misc writ petition No. 6361 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
CAPL No. 6893 of 2026
2
copy of contempt application to the opposite parties 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 30, 2026
Ashu
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
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