Allahabad High Court
SHYAMBEERversusSHASHI PRAKASH GOYAL (S.P. GOYAL), CHIEF SECRETARY, GOVERNMENT OF U.P.
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that while a prima facie case of contempt existed, it would not issue a notice but instead grant the opposite party a further three months to comply with the order.
Summary
The applicant, Shyambeer, filed a contempt application under Section 12 of the Contempt of Courts Act seeking punishment of the opposite party for wilful disobedience of a judgment dated 17‑12‑2025 (corrected on 07‑01‑2026) in Writ Petition No.33776 of 2025. The order was served to the opposite party on 28‑01‑2026, but the party failed to comply with the directions. The Court observed that a prima facie case existed for contempt but, in the interest of procedural fairness, declined to issue a notice and instead granted the opposite party an additional three months to comply. The Court directed the applicant to furnish stamped envelopes for service of the order and contempt application, and mandated that the court office forward the documents within a week. The opposite party was ordered to comply with the writ court's directions and inform the applicant within a further week, failing which the applicant may approach the court again. Accordingly, the contempt application was disposed of at this stage pending compliance.
Issues considered
- Whether the opposite party's failure to comply with the judgment constitutes wilful disobedience attracting contempt under Section 12 of the Contempt of Courts Act.
- Whether the court should issue a notice of contempt or grant additional time for compliance.
Legislation cited
- Contempt of Courts Act, 1971 — s. 12
Subjects
- contempt of court
- wilful disobedience
- judgment compliance
- High Court of Allahabad
- procedural fairness
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2999 of 2026
Shyambeer
.....Applicant(s)
Versus
Shashi Prakash Goyal (S.P. Goyal), Chief
Secretary, Government Of U.P. .....Opposite
Party(s)
Counsel for Applicant(s) : Anil Kumar Dubey, Ram Milan
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 17.12.2025, corrected on
07.01.2026 passed by this Court in Writ Petition No.33776 of 2025.
3. It is contended that applicant had filed aforesaid writ, which was disposed
of vide order dated 17.12.2025, corrected on 07.01.2026. Copy of the said
order was served to the opposite party through registered post on
28.01.2026, 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 17.12.2025, corrected on 07.01.2026 passed by this Court in Writ
Petition No.33776 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
CAPL No. 2999 of 2026
2
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 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.)
May 5, 2026
SK Goswami
Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad
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