Allahabad High Court
GAUTAM THAPARversusVIKAS KASHYAP, RENT AUTHORITY/ ADDITIONAL DISTRICT MAGISTRATE (CITY),
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that, at this stage, no notice is required and the opposite party is given time to comply with the original order, resulting in the contempt application being disposed.
Summary
The applicant, Gautam Thapar, filed a contempt application under Section 12 of the Contempt of Courts Act alleging that the opposite party, Vikas Kashyap, willfully disobeyed the High Court's judgment dated 15‑09‑2025 in Writ Petition No. 13745 of 2025. The order was served on the opposite party on 20‑09‑2025, but the applicant claims it has not been complied with. The court observed that a prima facie case exists for contempt but declined to issue a notice at this stage. Instead, the court granted the opposite party three months to comply with the original order and directed procedural steps for serving the contempt application. The court further directed the opposite party to inform the applicant of compliance within a week of receiving the order. The application was disposed without proceeding to contempt proceedings, leaving the matter open for re‑filing if non‑compliance persists.
Issues considered
- Whether a contempt application under Section 12 can proceed without issuing a notice to the alleged contemnor.
- Whether the opposite party's alleged failure to comply with the judgment amounts to willful disobedience constituting contempt.
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt of court
- Section 12
- willful disobedience
- writ petition
- compliance
- notice
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2776 of 2026
Gautam Thapar
.....Applicant(s)
Versus
Vikas Kashyap, Rent Authority/ Additional District
Magistrate (City), .....Opposite
Party(s)
Counsel for Applicant(s) : Akshay Pratap, Shubham Dwivedi
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 15.09.2025 passed by this
Court in Writ Petition No. 13745 of 2025.
3. It is contended that applicant had approached writ Court through
aforesaid writ petition, which was disposed of vide order dated
15.09.2025. Copy of the order of writ Court was served upon opposite
party on 20.09.2025 personally, 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 15.09.2025 passed by this Court in Writ Petition No. 13745 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
of contempt application to the opposite party within one week thereafter
and keep a record thereof.
CAPL No. 2776 of 2026
2
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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