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Allahabad High Court

DR. VIJAY KUMAR TEWARI, PRESENTLY POSTED AS ASSISTANT PROFESSOR (REGULAR), DEPARTMENT OF ELECTRICALversusMANOJ KUMAR SHUKLA DIRECTOR OF RAJKIYA ENGINEERING COLLEGE AND 2 OTHERS

Decided

Holding

The contempt application is disposed of at this stage, with the opposite party given a further three months to comply with the earlier order and procedural directions issued for service of the order.

Summary

The applicants filed a contempt application under Section 12 of the Contempt of Courts Act, alleging that the opposite party willfully disobeyed the judgment and order dated 15‑11‑2025 in Civil Misc. Writ Petition No. 17101 of 2025. The order had been served on 17‑11‑2025, but the opposite party had not complied. The court observed that a prima facie case of contempt existed but noted that no notice had been issued to the opposite party. Consequently, the court granted the opposite party an additional three months to comply, directed the applicants to provide stamped envelopes for service, and ordered the court to forward the order and contempt application to the opposite party. The court further directed that the opposite party must inform the applicants of compliance within a week of receipt, and left open the possibility of a fresh contempt application if compliance does not occur. The contempt application was therefore disposed of at this stage without proceeding to a contempt finding.

Issues considered

  • Whether the opposite party's failure to comply with the order dated 15‑11‑2025 constitutes contempt of court under Section 12 of the Contempt of Courts Act.
  • Whether a notice to the opposite party is required before proceeding with contempt proceedings.
  • What procedural steps should be taken to enforce compliance with the court's order.

Legislation cited

Subjects

  • contempt of court
  • willful disobedience
  • Section 12
  • procedural directions
  • High Court of Allahabad
  • contempt application

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CONTEMPT APPLICATION (CIVIL) No. - 2676 of 2026



Dr. Vijay Kumar Tewari, Presently Posted As
Assistant Professor (Regular), Department Of
Electrical Engineering, Rajkiya Engineering                .....Applicant(s)
College And 3 Others
                                  Versus

Manoj Kumar Shukla Director Of Rajkiya
Engineering College And 2 Others                              .....Opposite
                                                                    Party(s)

Counsel for Applicant(s)      : Ganesh Mani, Pawan Kumar Srivastava
Counsel for Opposite Party(s) :


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

1. Heard learned counsel for the applicants.

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 15.11.2025 passed by this
Court in Civil Misc. Writ Petition No.17101 of 2025.

3. It is contended that applicants had filed aforesaid writ, which was
disposed of vide order dated 15.11.2025. Copy of the said order was
served to the opposite party through registered post on 17.11.2025, 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 15.11.2025 passed by this Court in Civil Misc. Writ Petition
No.17101 of 2025 from the date of production of a certified copy of this
order.
                                                                                           CAPL No. 2676 of 2026
                                                                   2


                                    6. The applicants 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 applicants 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 applicants 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 applicants 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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