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Allahabad High Court

GYAN SINGH AND 8 OTHERSversusSHRI ARUN KUMAR

Decided

Holding

The court held that while a prima facie case of contempt exists, the opposite party must be given a further three months to comply before any contempt proceedings can proceed.

Summary

The applicants filed a contempt application alleging that the opposite party willfully disobeyed the judgment and order dated 9 March 2026 in Civil Misc. Writ Petition No. 28267 of 2025. The order had been served on 18 March 2026, but the opposite party had not complied. The court found a prima facie case of contempt but, instead of issuing a notice, granted the opposite party an additional three months to comply with the order. The court directed the applicants to provide stamped envelopes for service of the order and contempt application, and instructed the court office to forward the documents to the opposite party. The opposite party was required to comply and inform the applicants within a week of receipt, failing which the applicants could approach the court again. The contempt application was therefore disposed of at this stage.

Issues considered

  • Whether the opposite party is in contempt for willful disobedience of the order dated 9 March 2026

Subjects

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

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CONTEMPT APPLICATION (CIVIL) No. - 3031 of 2026

Gyan Singh And 8 Others
                                                           .....Applicant(s)
                                  Versus

Shri Arun Kumar
                                                               .....Opposite
                                                                     Party(s)

Counsel for Applicant(s)           :   Raunak Singh, Shailendra Singh
Counsel for Opposite Party(s)      :


Court No. - 9
                HON'BLE ROHIT RANJAN AGARWAL, J.

1. Heard learned counsel for the applicants.

2. The present contempt application has been filed for punishing the
Opposite Party for willful disobedience of the judgment and order dated
9.3.2026 passed by this Court in Civil Misc. Writ Petition No. 28267 of
2025.

3. It is contended by learned counsel for the applicants that the applicants
had filed the aforesaid writ petition, which was disposed of vide order
dated 9.3.2026. Copy of the order was served through registered post on
18.3.2026 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 9.3.2026 passed by this Court in Civil Misc. Writ Petition No.
28267 of 2025 from the date of production of a certified copy of this
order.

6. The applicants 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. 3031 of 2026
                                                                   2


                                    this order along with the self-addressed envelope of the applicants 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 applicants 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 applicants 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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