Allahabad High Court
GULAB YADAVversusANISH KUMAR SINGH
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that while a prima facie case of contempt exists, it would not issue notice and instead gave the opposite party three months to comply with the earlier order.
Summary
The applicant, Gulab Yadav, filed a contempt application alleging that the opposite party, Anish Kumar Singh, willfully disobeyed the High Court's judgment and order dated 18 January 2024 in PIL No. 2637 of 2023. The order had been served to the opposite party on 29 October 2024, but compliance had not been achieved. The court examined whether the failure to obey the order amounted to contempt and whether a notice was required before proceeding. It found that a prima facie case of contempt existed but, in the interest of justice, chose not to issue a notice at this stage. Instead, the court granted the opposite party an additional three months to comply with the original order, subject to procedural steps involving stamped envelopes. The contempt application was therefore disposed without further sanction.
Issues considered
- Whether the opposite party's failure to comply with the order dated 18.1.2024 constitutes contempt of court
- Whether a notice is required before initiating contempt proceedings in such circumstances
Subjects
- contempt of court
- judgment compliance
- civil procedure
- notice requirement
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 3022 of 2026
Gulab Yadav
.....Applicant(s)
Versus
Anish Kumar Singh
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohammad Sahabjan, Shakeel Ahmad
Azmi
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
18.1.2024 passed by this Court in PIL No. 2637 of 2023.
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 18.1.2024. Copy of the order was served through registered post on
29.10.2024 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 18.1.2024 passed by this Court in PIL No. 2637 of 2023 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. 3022 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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