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Allahabad High Court

SHIV SEWAKversusMANOJ KUMAR SINGH, DESIGNATION EXECUTIVE ENGINEER, NALKOOP KHAND-1ST

Decided

Holding

The court did not find the opposite party in contempt, granted additional time for compliance, and disposed of the contempt application.

Summary

The applicant, Shiv Sewak, filed a contempt application alleging that the opposite party, Manoj Kumar Singh, willfully defied an order dated 20 May 2026 issued in Writ A No. 7677 of 2026. The court examined whether the alleged non‑compliance amounted to contempt and whether a notice was required before proceeding. Finding a prima facie case of willful disobedience, the court nonetheless refrained from initiating contempt proceedings, instead granting the opposite party six weeks to comply with the writ order. The court directed the applicant to provide stamped envelopes for service of the order and contempt application, and ordered the court office to forward these documents to the opposite party. The court further directed that the opposite party must intimate compliance within a week of receipt, and left open the possibility of a fresh contempt application if compliance is not achieved. The application was therefore disposed of at this stage.

Issues considered

  • Whether the opposite party's failure to comply with the order dated 20 May 2026 constitutes contempt of court
  • Whether a notice is required before initiating contempt proceedings
  • What appropriate relief should be granted to ensure compliance with the writ order

Subjects

  • contempt of court
  • willful disobedience
  • writ order compliance
  • High Court of Allahabad
  • procedural directions
  • notice requirement

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CONTEMPT APPLICATION (CIVIL) No. - 6905 of 2026

Shiv Sewak
                                                             .....Applicant(s)
                                   Versus

Manoj Kumar Singh, Designation Executive
Engineer, Nalkoop Khand-1st                                      .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)          : Akash Pandey, Mukesh Kumar Rao
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. 7677 of 2026
(Shiv Sewak Vs. State of U.P. And 3 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 six weeks further time to comply with the order
dated 20.05.2026 passed in Writ A No. 7677 of 2026 (Shiv Sewak Vs.
State of U.P. And 3 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. 6905 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.)
                                    October 1, 2026
                                    N.S.Rathour




Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad


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