Allahabad High Court
KAMAL KISHORE SRIVASTAVAversusSHRI DINESH SINGH, DEPUTY DIRECTOR OF EDUCATION (SECONDARY)
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
A prima facie case of contempt exists, but the court adjourned the matter and granted the opposite party three months to comply before proceeding further.
Summary
The applicant filed a contempt application under Section 12 of the Contempt of Courts Act, alleging that the opposite party wilfully disobeyed the High Court's order dated 01‑05‑2025 in Writ Petition No. 5765 of 2025. The order had been personally served on 19‑05‑2025, but the opposite party had not complied. The court found that a prima facie case of contempt existed, but instead of issuing notice, it granted the opposite party an additional three months to comply, subject to procedural steps involving stamped envelopes. The applicant was directed to provide the necessary envelopes within a week, after which the court would forward the order to the opposite party. If compliance is still not achieved, the applicant may approach the court again. The contempt application was therefore disposed of at this stage pending further compliance.
Issues considered
- Whether the opposite party's failure to comply with the order dated 01‑05‑2025 amounts to willful disobedience punishable as contempt under Section 12 of the Contempt of Courts Act.
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt of court
- willful disobedience
- order compliance
- High Court
- procedural adjournment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2651 of 2026
Kamal Kishore Srivastava
.....Applicant(s)
Versus
Shri Dinesh Singh, Deputy Director Of Education
(Secondary) .....Opposite
Party(s)
Counsel for Applicant(s) : Manoj Kumar, Saurabh Raj
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 01.05.2025 passed by this
Court in Writ Petition No.5765 of 2025.
3. It is contended that applicant had filed aforesaid writ, which was disposed
of vide order dated 01.05.2025. Copy of the said order was served to the
opposite party personally on 19.05.2025, 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 01.05.2025 passed by this Court in Writ Petition No.5765 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
CAPL No. 2651 of 2026
2
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 23, 2026
SK Goswami
Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad
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