Allahabad High Court
VIJAY SHANKAR YADAVversusSHRI ANUPAM MISHRA
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that while a prima facie case of contempt exists, the opposite party is granted further time to comply before any contempt notice is issued.
Summary
The applicant filed a contempt application alleging that the opposite party willfully disobeyed the High Court's order dated 28 January 2026 in Civil Misc. Writ Petition No. 40218 of 2025. The order had been served on 31 January 2026, 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 court directed the applicant to provide stamped envelopes for service of the order and contempt application, and ordered the court office to send the documents to the opposite party within a week. The opposite party was instructed to comply with the writ court's directions and inform the applicant within a week thereafter. If compliance is not achieved, the applicant may approach the court again, and the contempt application is disposed of at this stage.
Issues considered
- Whether the opposite party is in contempt for willful disobedience of the order dated 28‑01‑2026
- Whether notice should be issued before proceeding with contempt proceedings
Subjects
- contempt
- civil contempt
- willful disobedience
- order compliance
- High Court
- procedural directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 3024 of 2026
Vijay Shankar Yadav
.....Applicant(s)
Versus
Shri Anupam Mishra
.....Opposite
Party(s)
Counsel for Applicant(s) : Anil Kumar Chaudhary, Anil Kumar
Yadav
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
28.1.2026 passed by this Court in Civil Misc. Writ Petition No. 40218 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 28.1.2026. Copy of the order was served through registered post on
31.1.2026 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 28.1.2026 passed by this Court in Civil Misc. Writ Petition
No. 40218 of 2025 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. 3024 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
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