Shri Traders Thru. Its Proprietor Hari Shankar Singh vs… — Contempt of Court | Allahabad HC (2026)

Shri Traders Thru. Its Proprietor Hari Shankar Singh vs… — Contempt of Court | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Notice issued to the opposite party/contemnor, returnable on 12.05.2026, with conditional exemption from personal appearance (upon a compliance affidavit, or upon belated compliance within two weeks together with payment of Rs.5,000/- to the applicant); order to be communicated through the Chief Judicial Magistrate concerned.

Issue for consideration

Whether notice should issue to the opposite party requiring him to show cause on the next date why he should not be charged for deliberate and intentional non-compliance of the order dated 19.11.2025 in Writ-C No.10630 of 2025 and punished under the Contempt of Courts Act, 1971.

Court's answer

Notice issued to the opposite party; steps for service to be taken within seven working days.

Ratio / Principle

Case listed for 12.05.2026, on which date the respondent/contemnor is to appear and show cause why he should not be charged for deliberate and intentional non-compliance of the order dated 19.11.2025 in Writ-C No.10630 of 2025 and punished under the Contempt of Courts Act, 1971.

Key takeaways

If the respondent has already complied with the order dated 19.11.2025 in time, a compliance affidavit by the competent authority filed on or before the next date suffices and personal appearance is dispensed with.ratio¶14
If the order dated 19.11.2025 was not complied with within time, the respondent may still comply within two weeks, pay Rs.5,000/- to the applicant towards harassment and for compelling the contempt petition, and file an affidavit with proof of payment, dispensing with his appearance.ratio¶15
The order is to be communicated to the respondent through the Chief Judicial Magistrate concerned forthwith for ensuring compliance.

Detailed headnote1 paragraphs

Contempt (Civil) — Alleged deliberate and intentional non-compliance/disobedience of this Court's order dated 19.11.2025 in Writ-C No.10630 of 2025 by the opposite party (Director Social Welfare, U.P.) — Notice issued; steps for service within seven working days — Respondent/contemnor directed to appear on 12.05.2026 and show cause why he should not be charged and punished under the Contempt of Courts Act, 1971 — Personal appearance dispensed with if a compliance affidavit is filed by the competent authority before the next date, or if the respondent complies within two weeks along with payment of Rs.5,000/- to the applicant for harassment and for compelling the contempt petition, supported by proof of payment — Order to be communicated to the respondent through the Chief Judicial Magistrate concerned forthwith (Saurabh Lavania, J.) [Allahabad HC, Lucknow Bench, April 13, 2026].

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CONTEMPT APPLICATION (CIVIL) No. - 1405 of 2026

Shri Traders Thru. Its Proprietor Hari Shankar Singh

.....Applicant(s)

Versus

Shri Sanjay Kumar Singh, Director Social Welfare U.P. Lko.

.....Opposite Party(s)

Counsel for Applicant(s) : Surya Narayan Mishra Counsel for Opposite Party(s) :

Court No. - 7

HON'BLE SAURABH LAVANIA, J.

1. Heard.

Issue notice. Steps in this regard be taken within seven working days.

List/put up this case on 12.05.2026, on which date the respondent/contemnor shall appear before this Court to show cause as to why he should not be charged for committing deliberate and intentional non-compliance/disobedience of this Court's order dated 19.11.2025 passed in Writ-C No.10630 of 2025 and, therefore, is liable to be punished under the provision of Contempt of Courts Act, 1971.

However, if the respondent has already complied with this Court's order dated 19.11.2025 in time, a compliance affidavit shall be filed by the competent authority on or before the next date fixed and he need not to appear before this Court.

If the order dated 19.11.2025 has not been complied with within time for some reason then it is open for the respondent to comply with the order in issue within two weeks from the date of receipt/knowledge this order and file an affidavit in this regard alongwith the proof of payment of Rs.5,000/- to the applicant for harassment and compelling/forcing him to file this contempt petition/application and also for not complying the order in issue within time and if that is done then also the respondent need not to appear in that case also.

Let this order be communicated to the respondent through Chief Judicial Magistrate concerned forthwith for ensuring compliance. April 13, 2026 ML/-

(Saurabh Lavania,J.)

Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench