Allahabad High Court
NURUL HASAN AND ANOTHERversusSHIVASHARANAPPA GN.
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court declined to issue a notice, instead granting the opposite party twelve weeks to comply and disposing of the contempt application at this stage.
Summary
Nurul Hasan and another filed a contempt application against Shivasharanappa Gn., alleging that the opposite party had failed to comply with an order dated 06.05.2026 in Writ C No.16393/2026 which required the opposite party to decide a claim. The court noted that a prima facie case of willful disobedience existed but chose not to issue a notice at this stage. Instead, the court granted the opposite party twelve weeks from the production of a certified copy of the order to comply, and directed the applicant to provide stamped envelopes for service of the order. The opposite party was further instructed to inform the applicant of compliance within a week of doing so. The court held that if compliance is not achieved, the applicant may approach the court again, and disposed of the contempt application for the time being.
Issues considered
- What is the appropriate procedure for initiating contempt proceedings for non‑compliance with a writ court order?
- Whether a notice should be issued to the opposite party before proceeding with contempt proceedings?
Subjects
- contempt
- non‑compliance
- writ petition
- order enforcement
- procedural directions
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6927 of 2026
Nurul Hasan And Another
.....Applicant(s)
Versus
Shivasharanappa Gn.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohd Yasir, Shams Uz Zaman
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 06.05.2026 passed in Writ C No.
16393/2026 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 twelve weeks further time to comply with the
order dated 06.05.2026 passed in Writ C No. 16393/2026 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. 6927 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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