Allahabad High Court
RISHABH SHARMA @ RISHABH KUMARversusRAJESH KUMAR, EXECUTIVE ENGINEER, PASHCHIMANCHAL URBAN VIDYUT VITRAN, KHAND PRATHAM AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
While a prima facie case of contempt was found, the Court refrained from issuing notice and instead granted the opposite party three months to comply, disposing of the contempt application at this stage.
Summary
The applicant filed a contempt application under Section 12 of the Contempt of Courts Act, alleging that the opposite party willfully disobeyed the High Court's order dated 27‑10‑2025 in Writ Petition No. 36424 of 2025. The order had been served on 13‑11‑2025, but the opposite party had not complied. The Court observed that a prima facie case of contempt existed but chose not to issue a notice at this stage. Instead, it directed the court office to send the order to the opposite party and granted the opposite party three months to comply, with procedural steps for communication. The application was consequently disposed without further contempt proceedings, leaving the door open for a fresh application if non‑compliance persisted.
Issues considered
- Does the opposite party's failure to comply with the High Court's order constitute contempt under Section 12 of the Contempt of Courts Act?
- Should the Court issue a notice to the opposite party before proceeding with contempt proceedings?
- What is the appropriate relief when a prima facie case of contempt is established but compliance is still pending?
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt
- willful disobedience
- Section 12
- Contempt of Courts Act
- High Court
- compliance
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2775 of 2026
Rishabh Sharma @ Rishabh Kumar
.....Applicant(s)
Versus
Rajesh Kumar, Executive Engineer,
Pashchimanchal Urban Vidyut Vitran, Khand
Pratham And Another .....Opposite
Party(s)
Counsel for Applicant(s) : Yash Pratap Singh
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 27.10.2025 passed by this
Court in Writ Petition No. 36424 of 2025.
3. It is contended that applicant had approached writ Court through
aforesaid writ petition, which was disposed of vide order dated
27.10.2025. Copy of the order of writ Court was served upon opposite
party on 13.11.2025 through registered post, but according to the
applicant, the said order 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 27.10.2025 passed by this Court in Writ Petition No. 36424 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 two weeks from today. The office shall send a copy of this
order along with the self-addressed envelope of the applicant with a copy
CAPL No. 2775 of 2026
2
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.)
May 6, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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