Allahabad High Court
HOTI LALversusSRI BRIJESH KUMAR, COLLECTOR, COLLECTRATE COMPOUND
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court held that although a prima facie case of contempt existed, the opposite party should be given a further twelve‑week period to comply with the earlier writ order before any contempt proceedings are pursued.
Summary
Hoti Lal filed a contempt application alleging that Sri Brijesh Kumar, Collector, failed to comply with the order dated 19‑05‑2026 in Writ C No. 19486/2026 which directed the opposite party to decide a claim. The applicant claimed that a copy of the order had been served but no action had been taken. The court observed that a prima facie case of willful disobedience existed but refrained from issuing 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 also instructed to intimate compliance to the applicant within a week of compliance. The court held that if the opposite party does not comply, the applicant may approach the court again, and the contempt application was disposed of pending compliance.
Issues considered
- Whether the opposite party's failure to decide the claim as directed amounts to contempt of court.
- Whether notice should be issued before initiating contempt proceedings against the opposite party.
Subjects
- contempt of court
- writ petition
- non‑compliance
- procedural directions
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6948 of 2026
Hoti Lal
.....Applicant(s)
Versus
Sri Brijesh Kumar, Collector, Collectrate
Compound .....Opposite
Party(s)
Counsel for Applicant(s) : Sheetla Sahai Srivastava
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 19.05.2026 passed in Writ C No.
19486/2026 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 19.05.2026 passed in Writ C No. 19486/2026 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
CAPL No. 6948 of 2026
2
and keep a record thereof.
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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