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Allahabad High Court

RAJESH KUMARversusSRI VIKAS CHANDRA AND ANOTHER

Decided

Holding

The court held that although a prima facie case of contempt existed, the matter should be adjourned, the opposite party given time to comply, and the contempt application disposed pending compliance.

Summary

Rajesh Kumar filed a contempt application against Sri Vikas Chandra and another for allegedly willfully disobeying the High Court's order dated 6‑Feb‑2026 in Civil Misc. Writ Petition No. 3311 of 2026. The order was served on 19‑Feb‑2026, but the opposite parties 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 granted the opposite parties three months to comply and directed the applicant to provide stamped envelopes for service of the order. The Court further ordered that the opposite parties must inform the applicant of compliance within a week of receiving the order, and left open the possibility of a fresh contempt application if compliance fails. Accordingly, the contempt application was disposed pending compliance.

Issues considered

  • Does the opposite party's failure to comply with the writ order constitute contempt of court?
  • Is it necessary to issue a notice before proceeding with contempt proceedings?
  • What procedural relief can the court grant in a contempt application?

Subjects

  • contempt
  • willful disobedience
  • civil writ
  • compliance
  • High Court
  • Allahabad

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CONTEMPT APPLICATION (CIVIL) No. - 3011 of 2026

Rajesh Kumar
                                                           .....Applicant(s)
                                  Versus

Sri Vikas Chandra And Another
                                                              .....Opposite
                                                                    Party(s)

Counsel for Applicant(s)                           :    Raju 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 for punishing the
Opposite Party for willful disobedience of the judgment and order dated
6.2.2026 passed by this Court in Civil Misc. Writ Petition No. 3311 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 6.2.2026. Copy of the order was served through registered post on
19.2.2026 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 6.2.2026 passed by this Court in Civil Misc. Writ Petition No.
3311 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
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
                                                                                           CAPL No. 3011 of 2026
                                                                   2


                                    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


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