Allahabad High Court
DR. RAJESH PRATAP SINGHversusSHRI VINAY KUMAR PATHAK AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court declined to proceed with contempt at this stage, granting the opposite parties additional time to comply and disposing of the application.
Summary
Dr. Rajesh Pratap Singh filed a contempt application against Shri Vinay Kumar Pathak and another for allegedly refusing to comply with the High Court's order dated 25‑02‑2026 in Civil Misc. Writ Petition No. 2785 of 2026. The order had been served on 28‑03‑2026, but the opposite parties had not acted on it. The court examined whether the failure to comply amounted to willful disobedience warranting contempt proceedings. It held that while a prima facie case existed, the opposite parties were not yet served notice and should be given a further opportunity to comply. Accordingly, the court granted them three months to obey the order, prescribed procedural steps for service of the order, and disposed of the contempt application pending compliance.
Issues considered
- Whether the opposite parties' failure to comply with the Court's order constitutes contempt of court
- Whether notice and an opportunity to comply are required before proceeding with contempt proceedings
Subjects
- contempt of court
- willful disobedience
- civil writ petition
- compliance order
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 3018 of 2026
Dr. Rajesh Pratap Singh
.....Applicant(s)
Versus
Shri Vinay Kumar Pathak And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Satyam 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
25.2.2026 passed by this Court in Civil Misc. Writ Petition No. 2785 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 25.2.2026. Copy of the order was served on 28.3.2026 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 25.2.2026 passed by this Court in Civil Misc. Writ Petition
No. 2785 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
CAPL No. 3018 of 2026
2
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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