Allahabad High Court
NAWAL KISHORversusATISH ANAND, EXECUTIVE ENGINEER DAKSHINANCHAL VIDYUT VITARAN NIGAM LTD.
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court held that the opposite party's non‑compliance amounts to prima facie contempt but granted a further three‑month period to comply before any contempt proceedings could be pursued.
Summary
The applicant filed a contempt application alleging that the opposite party willfully disobeyed the High Court's order dated 13‑Jan‑2026 in Civil Misc. Writ Petition No. 548 of 2026. The order had been served on 19‑Jan‑2026, but the opposite party had not complied. The Court found a prima facie case of contempt but, noting that no notice had been issued, directed that the opposite party be given an additional three months to comply. The Court also instructed the applicant to provide stamped envelopes for service of the order and contempt application. The opposite party must comply with the writ court's directions and inform the applicant within a week of compliance. If the opposite party fails to comply, the applicant may approach the Court again. The contempt application was therefore disposed of at this stage.
Issues considered
- Does the opposite party's failure to comply with the order dated 13‑Jan‑2026 constitute contempt of court?
- Is a notice required before proceeding with contempt proceedings in such a scenario?
Subjects
- contempt
- willful disobedience
- civil writ
- procedural compliance
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 3002 of 2026
Nawal Kishor
.....Applicant(s)
Versus
Atish Anand, Executive Engineer Dakshinanchal
Vidyut Vitaran Nigam Ltd. .....Opposite
Party(s)
Counsel for Applicant(s) : Sanjay Kumar Singh (Senior
Advocate), Sheelendra Kumar
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 for punishing the
Opposite Party for willful disobedience of the judgment and order dated
13.1.2026 passed by this Court in Civil Misc. Writ Petition No. 548 of
2026.
3. It is contended by learned counsel for the applicant that the applicant
had filed the aforesaid writ petition, which was disposed of vide order
dated 13.1.2026. Copy of the order was served through registered post on
19.1.2026 but till date the order of writ Court has not been complied with.
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 13.1.2026 passed by this Court in Civil Misc. Writ Petition
No. 548 of 2026 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 parties and another self-addressed envelope to
CAPL No. 3002 of 2026
2
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 parties 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
Shekhar
Digitally signed by :-
SHASHI SHEKHAR PANDEY
High Court of Judicature at Allahabad
Checking your session…