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Allahabad High Court

SUNIL KUMARversusSHRI DEEPAK KUMAR ADDITIONAL CHIEF SECRETARY HOME U.P. CIVIL SECRETARIAT

Decided

Holding

The court held that while a prima facie case of contempt exists, the application should be disposed of pending compliance, with the opposite party given a further three months to obey the order.

Summary

The applicant, Sunil Kumar, filed a contempt application under Section 12 of the Contempt of Courts Act alleging that the opposite party, Additional Chief Secretary Deepak Kumar, willfully disobeyed a judgment dated 15 July 2025 (corrected 9 September 2025) in Writ Petition No. 9604 of 2025. The order was served to the opposite party on 17 September 2025, but compliance had not been achieved. The court found a prima facie case for contempt but, noting the absence of a notice, granted the opposite party an additional three months to comply, subject to procedural steps involving stamped envelopes. The court directed the parties to exchange copies of the order and set a timeline for compliance, leaving open the possibility of a fresh contempt application if the order remains unfulfilled. Consequently, the contempt application was disposed of pending compliance.

Issues considered

  • Whether the opposite party’s failure to comply with the court’s order constitutes willful disobedience punishable under Section 12 of the Contempt of Courts Act.
  • Whether the court should issue a notice before proceeding with contempt proceedings.

Legislation cited

Subjects

  • contempt of court
  • willful disobedience
  • execution of judgment
  • procedural compliance
  • Section 12

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
              CONTEMPT APPLICATION (CIVIL) No. - 2509 of 2026

Sunil Kumar
                                                             .....Applicant(s)
                                   Versus

Shri Deepak Kumar Additional Chief Secretary
Home U.P. Civil Secretariat                                      .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)                             :    Shyam Lal
Counsel for Opposite Party(s)                        :


Court No. - 9
                HON'BLE ROHIT RANJAN AGARWAL, J.

1. Heard learned counsel for the applicant.

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 15.07.2025, corrected on
09.09.2025 passed by this Court in Writ Petition No.9604 of 2025.

3. It is contended that applicant had filed aforesaid writ, which was disposed
of vide order dated 15.07.2025, corrected on 09.09.2025. Copy of the said
order was served to the opposite party through registered post on
17.09.2025, 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 15.07.2025, corrected on 09.09.2025 passed by this Court in Writ
Petition No.9604 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
                                                                                             CAPL No. 2509 of 2026
                                                                    2


                                    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
                                    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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