Allahabad High Court
SANJAY KUMARversusINDRADEV SINGH
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court held that while a prima facie case of contempt exists, the opposite party is granted further time to comply before any contempt proceedings are pursued.
Summary
Sanjay Kumar filed a contempt application against Indradev Singh alleging willful non‑compliance of an order dated 01‑04‑2026 passed in Writ A No. 4546/2026 directing the opposite party to decide a claim. The court noted that a prima facie case of contempt existed but, instead of issuing a notice, granted the opposite party an additional four months to comply. The court directed the applicant to provide stamped envelopes for service of the order and contempt application, and ordered that the opposite party must comply and inform the applicant within a week of receipt. If compliance is not achieved, the applicant may approach the court again. The application was therefore disposed of at this stage pending compliance.
Issues considered
- Whether the opposite party's failure to comply with the order dated 01‑04‑2026 constitutes contempt of court
Subjects
- contempt
- non‑compliance
- writ petition
- court order
- procedural directions
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6926 of 2026
Sanjay Kumar
.....Applicant(s)
Versus
Indradev Singh
.....Opposite
Party(s)
Counsel for Applicant(s) : Anant Kumar Gupta
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 01.04.2026 passed in Writ A No.
4546/2026 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 four months further time to comply with the
order dated 01.04.2026 passed in Writ A No. 4546/2026 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. 6926 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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