Amresh Bahadur Singh vs Sri Ajay Kumar Shukla Prin… — Contempt of Court | Allahabad HC (2026)

Amresh Bahadur Singh vs Sri Ajay Kumar Shukla Prin… — Contempt of Court | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Show-cause notice issued to opposite party No. 2, required to appear on 22.05.2026; personal appearance dispensable either by filing a compliance affidavit evidencing timely compliance, or by complying with the order dated 25.11.2008 within two weeks together with an affidavit and proof of payment of Rs. 5,000/- to the applicant; order to be communicated through the Chief Judicial Magistrate concerned.

Issue for consideration

Whether opposite party No. 2 (contemnor) should be charged for committing deliberate and intentional non-compliance/disobedience of this Court's order dated 25.11.2008 passed in Writ-A No.7326 of 2004 and is liable to be punished under the Contempt of Courts Act, 1971.

Court's answer

Notice to be issued to opposite party No. 2, with steps in this regard to be taken within seven working days.

Ratio / Principle

Opposite party No. 2/contemnor directed to appear before the Court on 22.05.2026 to show cause why he should not be charged for committing deliberate and intentional non-compliance/disobedience of the Court's order dated 25.11.2008 passed in Writ-A No.7326 of 2004 and punished under the Contempt of Courts Act, 1971.

Key takeaways

If opposite party No. 2 has already complied with the Court's order dated 25.11.2008 in time, a compliance affidavit filed by the competent authority on or before the next date fixed will suffice and he need not appear before the Court.ratio¶14
If the order dated 25.11.2008 was not complied with within time, opposite party No. 2 may still comply with the order within two weeks from receipt/knowledge of this order, filing an affidavit alongwith proof of payment of Rs. 5,000/- to the applicant for harassment and for compelling/forcing him to file the contempt application, in which case he need not appear.ratio¶15

Detailed headnote1 paragraphs

Contempt Application (Civil) No. 1633 of 2026, High Court of Judicature at Allahabad, Lucknow Bench (Court No. 7), decided April 24, 2026 — Saurabh Lavania, J.: Applicant Amresh Bahadur Singh alleges deliberate and intentional non-compliance/disobedience by opposite party No. 2 (Sri Ajay Kumar Shukla, Principal Secretary, Cooperative, Lucknow) of the Court's order dated 25.11.2008 passed in Writ-A No.7326 of 2004. The Court issued notice to opposite party No. 2 (steps within seven working days) and directed his appearance on 22.05.2026 to show cause why he should not be charged and punished under the Contempt of Courts Act, 1971. Personal appearance was made dispensable if (i) timely compliance had already been effected, shown by a compliance affidavit of the competent authority filed on or before the next date fixed; or (ii) compliance is effected within two weeks of receipt/knowledge of this order, supported by an affidavit and proof of payment of Rs. 5,000/- to the applicant for harassment and for compelling the contempt application. The order was to be communicated to opposite party No. 2 through the Chief Judicial Magistrate concerned forthwith.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CONTEMPT APPLICATION (CIVIL) No. - 1633 of 2026

Amresh Bahadur Singh

.....Applicant(s)

Versus

Sri Ajay Kumar Shukla Prin. Secy. Cooperative Lko. And 3 Others

.....Opposite Party(s)

Counsel for Applicant(s)	: Daya Shankar Yadav
Counsel for Opposite Party(s)	:

Court No. - 7

HON'BLE SAURABH LAVANIA, J.

Heard.

Issue notice to opposite party No. 2. Steps in this regard be taken within seven working days.

List/put up this case on 22.05.2026, on which date the opposite party No.2/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 25.11.2008 passed in Writ-A No.7326 of 2004 and, therefore, is liable to be punished under the provision of Contempt of Courts Act, 1971.

However, if the opposite party No.2 has already complied with this Court's order dated 25.11.2008 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 25.11.2008 has not been complied with within time for some reason then it is open for the opposite party No.2 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 opposite party No.2 need not to appear in that case also.

Let this order be communicated to the opposite party No.2 through Chief Judicial Magistrate concerned forthwith for ensuring compliance. April 24, 2026 ML/-

(Saurabh Lavania,J.)

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