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Allahabad High Court

SHARDA RAM AND ANOTHERversusRAJPAL SINGH AND ANOTHER

Decided

Holding

A contempt application cannot be entertained against persons who are not parties to the writ petition whose order is alleged to have been breached.

Summary

In Writ-C No. 57208 of 2014, the High Court issued an interim order on 30 October 2014 naming the first applicant as petitioner; the second applicant was not a party to that writ. A contempt application was later filed against Rajpal Singh and another, alleging they violated the interim order, even though they were not parties to the original writ petition. The Court examined whether it could entertain contempt proceedings against non‑parties to the writ. Finding that the opposite parties were not parties to the writ, the Court held that the contempt application could not proceed and dismissed it. The Court, however, left open the possibility for the applicant to approach the writ court and implead the opposite parties in the original writ petition.

Issues considered

  • Can a contempt proceeding be maintained against persons who are not parties to the writ petition whose order is alleged to be violated?
  • Does the court have jurisdiction to entertain a contempt application in such circumstances?

Subjects

  • contempt of court
  • interim order
  • writ petition
  • jurisdiction
  • party status

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     CONTEMPT APPLICATION (CIVIL) No. - 2861 of 2026

                                    Sharda Ram And Another
                                                                                                .....Applicant(s)
                                                                         Versus

                                    Rajpal Singh And Another
                                                                                                   .....Opposite
                                                                                                         Party(s)

                                    Counsel for Applicant(s)                      :   Manoj Kumar Dubey
                                    Counsel for Opposite Party(s)                 :


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

                                    1. In Writ-C No. 57208 of 2014, an interim order was granted on
                                    30.10.2014, in which applicant no. 1 was petitioner, placed at Serial No.
                                    10 and applicant no. 2 was not a party in the writ petition.

                                    2. The present contempt application has been filed against opposite
                                    parties alleging violation of the interim order. Both opposite parties are
                                    not party in the writ petition.

                                    3. In view of said fact, the contempt application stands dismissed.

                                    4. However, leaving it open to the applicant to approach the writ Court
                                    and implead present opposite parties as parties in the said writ petition.



                                                                                      (Rohit Ranjan Agarwal,J.)
                                    May 7, 2026
                                    (V. S. SINGH)




Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad


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