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Allahabad High Court

SHIVAM MISHRAversusRAJESH PRASAD, C.M.O.

Decided

Holding

The court found a prima facie contempt case but chose to grant the opposite party additional time to comply, disposing of the contempt application pending compliance.

Summary

The applicant, Shivam Mishra, filed a contempt application alleging that the opposite party, Rajesh Prasad, willfully disobeyed a judgment dated 16‑10‑2025 in Civil Misc. Writ Petition No. 15522 of 2025. The order was served on 04‑12‑2025, but the opposite party had not complied. The court observed that a prima facie case of contempt existed but, instead of issuing a notice, it granted the opposite party an additional three months to comply from the date a certified copy of the order is produced. The applicant was directed to provide stamped envelopes for service of the order and contempt application. The opposite party was instructed to comply with the writ court’s directions and inform the applicant within a week of receipt. The court held that if compliance is not achieved, the applicant may approach the court again, and the contempt application was disposed of at this stage.

Issues considered

  • Whether the opposite party’s failure to comply with the order dated 16‑10‑2025 constitutes contempt of court
  • Whether a notice is required before proceeding with contempt proceedings in this context

Subjects

  • contempt
  • willful disobedience
  • civil writ
  • compliance
  • procedural order
  • notice

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CONTEMPT APPLICATION (CIVIL) No. - 3013 of 2026

Shivam Mishra
                                                          .....Applicant(s)
                                  Versus

Rajesh Prasad, C.M.O.
                                                             .....Opposite
                                                                   Party(s)

Counsel for Applicant(s)      : Kishan Kumar Pathak, Rahul Mishra,
                                Sanjay Mishra
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
16.10.2025 passed by this Court in Civil Misc. Writ Petition No. 15522 of
2025.

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 16.10.2025. Copy of the order was served through registered post
on 4.12.2025 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 16.10.2025 passed by this Court in Civil Misc. Writ Petition
No. 15522 of 2025 from the date of production of a certified copy of this
order.

6. The applicant shall supply a duly stamped registered envelope
                                                                                           CAPL No. 3013 of 2026
                                                                   2


                                    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
                                    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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