Allahabad High Court
SANJAI KUMAR PANDEYversusDILEEP SRIVASTAVA
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
Non‑compliance with the court’s order may amount to contempt, but the court may first grant a further period for compliance before initiating contempt proceedings.
Summary
The applicant, Sanjai Kumar Pandey, filed a contempt application under Section 12 of the Contempt of Courts Act alleging that the opposite party, Dileep Srivastava, willfully disobeyed a judgment dated 15‑12‑2025 in Writ Petition No.7776 of 2025. The order was personally served on 26‑12‑2025 but remained unimplemented. The court found a prima facie case of contempt but, without issuing a formal notice, granted the opposite party an additional three months to comply, directing the applicant to provide stamped envelopes for service of the order. The opposite party was ordered to comply with the writ court’s directions and inform the applicant within a week of receipt. The court left open the possibility of a fresh contempt application if compliance is not achieved and disposed of the present application with these procedural directions.
Issues considered
- Whether the opposite party’s failure to comply with the judgment constitutes contempt under Section 12 of the Contempt of Courts Act.
- Whether a notice is required before initiating contempt proceedings for willful disobedience.
- What procedural steps are appropriate to enforce compliance with the court’s order.
Legislation cited
- Contempt of Courts Act, 1971 — s. 12
Subjects
- Contempt of Courts Act
- Willful disobedience
- Writ petition
- Order compliance
- High Court
- Procedural directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2500 of 2026
Sanjai Kumar Pandey
.....Applicant(s)
Versus
Dileep Srivastava
.....Opposite
Party(s)
Counsel for Applicant(s) : In Person
Counsel for Opposite Party(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. Heard the applicant (in person).
2. The present contempt application has been filed under Section 12 of the
Contempt of Courts Act for punishing the Opposite Party for willful
disobedience of the judgment and order dated 15.12.2025 passed by this
Court in Writ Petition No.7776 of 2025.
3. It is contended by applicant (in person) that he had filed aforesaid writ,
which was disposed of vide order dated 15.12.2025. Copy of the said order
was served to the opposite party personally on 26.12.2025, but the said
direction has not been complied with by the opposite party till date.
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 15.12.2025 passed by this Court in Writ Petition No.7776 of 2025
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
one week 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
CAPL No. 2500 of 2026
2
application to the opposite party within one week thereafter 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.
(Rohit Ranjan Agarwal,J.)
April 20, 2026
SK Goswami
Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad
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