Allahabad High Court
PRAVEEN KUMARversusSRI DINESH CHANDRA ARYA EXECUTIVE OFFICER NAGAR PANCHAYAT SUMERPUR
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that the opposite party must be given a further three months to comply with the order before contempt can be adjudicated.
Summary
The applicant, Praveen Kumar, filed a contempt application alleging that the opposite party, Sri Dinesh Chandra Arya, willfully disobeyed a judgment dated 23 February 2026 in Civil Misc. Writ Petition No. 7126 of 2026. The order was served on 28 February 2026, but the opposite party had not complied. The court examined whether the non‑compliance amounted to contempt and whether procedural notice was required. It found a prima facie case of contempt but declined to issue notice, instead granting the opposite party an additional three months to comply. The court directed the applicant to provide stamped envelopes for service and ordered the court office to forward the order and contempt application to the opposite party. The application was disposed pending compliance, with a further opportunity for the applicant to approach the court if the order remains unfulfilled.
Issues considered
- Does the opposite party's failure to comply with the High Court's order constitute contempt of court?
- Is it necessary to issue a formal notice to the opposite party before proceeding with contempt proceedings?
Subjects
- contempt of court
- civil writ
- order compliance
- High Court of Allahabad
- procedural notice
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 3015 of 2026
Praveen Kumar
.....Applicant(s)
Versus
Sri Dinesh Chandra Arya Executive Officer Nagar
Panchayat Sumerpur .....Opposite
Party(s)
Counsel for Applicant(s) : Ravi Sahu
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
23.2.2026 passed by this Court in Civil Misc. Writ Petition No. 7126 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 23.2.2026. Copy of the order was served through registered post on
28.2.2026 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 23.2.2026 passed by this Court in Civil Misc. Writ Petition
No. 7126 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. 3015 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…