Allahabad High Court
DURVIJAY YADAVversusPANKAJ KUMAR SHAHI
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court found a prima facie contempt case but deferred notice, granting three months for compliance and disposing of the application at this stage.
Summary
The applicant, Durvijay Yadav, filed a contempt application alleging that the opposite party, Pankaj Kumar Shahi, failed to comply with an order dated 24 April 2026 issued in PIL No. 420 of 2026, which required the opposite party 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 a contempt proceeding was appropriate and whether a notice to the opposite party was necessary at this stage. It held that while a prima facie case of willful disobedience existed, the court would not issue a notice immediately but instead grant the opposite party an additional three months to comply. The court directed the applicant to provide stamped envelopes for service of the order and contempt application, and ordered the court office to forward the documents accordingly. The application was disposed of pending compliance, with the possibility of re‑approach if the order remains unfulfilled.
Issues considered
- Whether the opposite party's failure to comply with the order dated 24‑04‑2026 constitutes contempt of court
- Whether a notice should be issued to the opposite party before proceeding with contempt proceedings
Subjects
- contempt
- non‑compliance
- writ petition
- order enforcement
- High Court
- procedural direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6946 of 2026
Durvijay Yadav
.....Applicant(s)
Versus
Pankaj Kumar Shahi
.....Opposite
Party(s)
Counsel for Applicant(s) : Sheelendra Kumar, Shubhvinder Singh
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 24.04.2026 passed in PIL No. 420 of 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 24.04.2026 passed in PIL No. 420 of 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. 6946 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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