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Allahabad High Court

ONKAR NATH AND 2 OTHERSversusSRI PAWAN KUMAR GANGWAR

Decided

Holding

The court granted the opposite party one month to comply with the writ order and disposed of the contempt application at this stage.

Summary

The applicant filed a contempt application alleging that the opposite party failed to comply with an order dated 28‑10‑2025 issued in Writ C No. 27764/2025, which required the opposite party to decide a claim. The court examined the claim and 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 month to comply with the writ order, subject to service of the order via a stamped envelope provided by the applicant. The court directed the applicant to supply the necessary envelopes within two weeks and the court would forward the order to the opposite party. The opposite party was also directed to inform the applicant of compliance within a week thereafter. The court held that if compliance is not achieved, the applicant may approach the court again, and the contempt application was disposed of for now.

Issues considered

  • Whether the opposite party is in contempt for wilfully disobeying the order dated 28‑10‑2025 in Writ C No. 27764/2025.

Subjects

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

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CONTEMPT APPLICATION (CIVIL) No. - 6930 of 2026

Onkar Nath And 2 Others
                                                          .....Applicant(s)
                                  Versus

Sri Pawan Kumar Gangwar
                                                             .....Opposite
                                                                   Party(s)

Counsel for Applicant(s)      : Badal Khan, Mohd. Shahanshah Khan
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 28.10.2025 passed in Writ C No.
27764/2025 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 one month further time to comply with the order
dated 28.10.2025 passed in Writ C No. 27764/2025 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. 6930 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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