Allahabad High Court
SHRI CHAND SINGHversusMR AVINASH PANDEY
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court held that the opposite party should be given a further three months to comply with the writ court’s order before any contempt proceedings can be pursued.
Summary
The applicant filed a contempt application alleging that the opposite party failed to comply with an order dated 20‑02‑2026 in Writ A No. 2550/2025, which required the opposite party to decide a claim. The court noted that a prima facie case of willful disobedience existed but declined to issue a notice at this stage. Instead, the court granted the opposite party an additional three months from the production of the certified copy to comply. The applicant was directed to provide stamped envelopes for service of the order, and the court ordered that the order be sent to the opposite party within a week of receipt. The opposite party was instructed to comply and inform the applicant within a week thereafter, with a further opportunity for the applicant to approach the court if compliance does not occur. The contempt application was therefore disposed of pending compliance.
Issues considered
- Does the opposite party's failure to comply with the order of the writ court constitute contempt of court?
- Is it necessary to issue a notice before initiating contempt proceedings in this context?
Subjects
- contempt
- non‑compliance
- writ petition
- order enforcement
- procedural law
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6945 of 2026
Shri Chand Singh
.....Applicant(s)
Versus
Mr Avinash Pandey
.....Opposite
Party(s)
Counsel for Applicant(s) : Arvind Kumar 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 20.02.2026 passed in Writ A No. 2550/2025
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 three months further time to comply with the order
dated 20.02.2026 passed in Writ A No. 2550/2025 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. 6945 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.
October 1, 2026
Rajesh
(Vikas Budhwar,J.)
Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad
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