Allahabad High Court
SHRI PALversusSHRI SHAILENDRA ASTHANA, GENERAL MANAGER
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court did not find contempt at this stage and instead granted the opposite party three months to comply with the writ order, disposing of the contempt application pending compliance.
Summary
The applicant, Shri Pal, filed a contempt application alleging that the opposite party, Shri Shailendra Asthana, General Manager, failed to comply with the order dated 12 May 2026 in Writ A No. 7075/2026 directing the opposite party to decide a claim. The court noted that the opposite party had been transferred and a new General Manager, Surendra Yadav, was joined as opposite party No.2. While the court found a prima facie case of willful disobedience, it declined to issue a notice of contempt and instead granted the opposite party an additional three months to comply with the writ order. The court directed the applicant to provide stamped envelopes for service of the order and contempt application, and instructed the opposite party to comply and inform the applicant within stipulated time. If compliance is not achieved, the applicant may approach the court again; the contempt application is presently disposed.
Issues considered
- Whether the opposite party's failure to comply with the order dated 12 May 2026 constitutes contempt of court.
- Whether notice of contempt should be issued at this stage.
- What appropriate relief or direction should be granted in a contempt application for non‑compliance of a writ order.
Subjects
- contempt of court
- non‑compliance of order
- writ petition
- procedural directions
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6947 of 2026
Shri Pal
.....Applicant(s)
Versus
Shri Shailendra Asthana, General Manager
.....Opposite
Party(s)
Counsel for Applicant(s) : Rahul Saxena
Counsel for Opposite Party(s) :
Court No. - 53
HON'BLE VIKAS BUDHWAR, J.
1. Learned counsel for the applicant has made a statement at bar that post
filing of the contempt application, the opposite party has been transferred.
Now, one Sri Surendra Yadav has joined as General Manager, Kisan Sahkari
Chini Mill Limited, Shahjahanpur. Let him be impleaded as opposite party
No. 2.
2. Heard learned counsel for the applicant.
3. The present contempt application has been preferred alleging non-
compliance of the order dated 12.05.2026 passed in Writ A No. 7075/2026
whereby the writ petition was disposed of directing the opposite party to
decide the claim.
4. 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.
5. 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.
6. 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 12.05.2026 passed in Writ A No. 7075/2026 from the date of
production of a certified copy of this order.
CAPL No. 6947 of 2026
2
7. 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.
8. 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.
9. In case, the opposite party does not comply with the order, it would be
open to the applicant to approach this court again.
10. 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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