Allahabad High Court
SURJEET KUMARversusSRI PRADEEP KUMAR SONKAR EXECUTIVE ENGINEER, ELECTRICITY DISTRIBUTION DIVISION-II, BADAUT
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that while a prima facie case of contempt existed, the application was disposed with a direction to the opposite party to comply within three months, without issuing a notice.
Summary
The applicant filed a contempt application under Section 12 of the Contempt of Courts Act alleging that the opposite party, an Executive Engineer, willfully disobeyed a judgment dated 26‑05‑2025 in Writ Petition No.7398 of 2025. The order was served on 26‑06‑2025 but remained unimplemented. The court observed that a prima facie case of contempt existed but chose not to issue a notice at this stage. Instead, it granted the opposite party three months to comply, directing the applicant to provide stamped envelopes for service of the order and contempt application. The opposite party was instructed to comply and inform the applicant within a week of receipt. The court further stated that if compliance fails, the applicant may approach the court again, and the contempt application was disposed of for now.
Issues considered
- Does the opposite party's failure to comply with the order constitute contempt of court under Section 12 of the Contempt of Courts Act?
- Is it necessary to issue a notice to the opposite party before proceeding with contempt proceedings?
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt of court
- willful disobedience
- Section 12
- High Court of Allahabad
- compliance order
- procedural direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2668 of 2026
Surjeet Kumar
.....Applicant(s)
Versus
Sri Pradeep Kumar Sonkar Executive Engineer,
Electricity Distribution Division-Ii, Badaut .....Opposite
Party(s)
Counsel for Applicant(s) : Ramesh Chandra
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 26.05.2025 passed by this
Court in Writ Petition No.7398 of 2025.
3. It is contended that applicant had filed aforesaid writ, which was disposed
of vide order dated 26.05.2025. Copy of the said order was served to the
opposite party personally on 26.06.2025, 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 26.05.2025 passed by this Court in Writ Petition No.7398 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. 2668 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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