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Allahabad High Court

NAR SINGHversusAKANKSHA GAUTAM

Decided

Holding

The court held that the contempt application is not dismissed but the opposite party is given a further three months to comply with the writ order, with procedural directions for service, and the application remains pending.

Summary

Nar Singh filed a contempt application alleging that Akanksha Gautam had failed to comply with the order dated 27 April 2026 in Writ B No. 1810/2026, which required her to decide a claim. The applicant claimed that a copy of the order had been served but no action was taken. The court examined whether the contempt application could proceed without a notice to the opposite party and considered the need to enforce the earlier writ order. It found a prima facie case of willful disobedience but chose not to issue a notice at this stage. Instead, the court granted the opposite party an additional three months to comply, directing procedural steps for service of the order, and held that the contempt application would remain pending if compliance was not achieved. The application was therefore disposed pending further compliance.

Issues considered

  • Whether a contempt application can be entertained without issuing a notice to the alleged contemnor
  • Whether the opposite party should be granted additional time to comply with the writ court's order

Subjects

  • contempt
  • non‑compliance
  • writ petition
  • order enforcement
  • High Court

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
            CONTEMPT APPLICATION (CIVIL) No. - 6923 of 2026

Nar Singh
                                                          .....Applicant(s)
                                  Versus

Akanksha Gautam
                                                             .....Opposite
                                                                   Party(s)

Counsel for Applicant(s)                      :   Surendra Tiwari
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 non-
compliance of the order dated 27.04.2026 passed in Writ B No.
1810/2026 whereby the writ petition was disposed of directing the
opposite party to decide the claim.

3. It is contended by learned counsel for the applicant that 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 three months further time to comply with the
order dated 27.04.2026 passed in Writ B No. 1810/2026 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 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
and keep a record thereof.
                                                                                           CAPL No. 6923 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.)
                                    October 1, 2026
                                    Rajesh




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

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