Allahabad High Court
ARUN KUMAR SAINIversusSANTOSH KUMAR
- Decided
- Bench
- VIKAS BUDHWAR
Holding
A prima facie case of contempt exists, but the application is disposed pending the opposite party's compliance with the writ order.
Summary
Arun Kumar Saini filed a contempt application against Santosh Kumar for allegedly refusing to comply with the judgment and order dated 14‑11‑2025 in Writ A No. 16979 of 2025. The applicant claimed that a certified copy of the order had been served but the opposite party had not acted on it. The court observed that a prima facie case of willful disobedience existed, but it chose not to issue a notice at this stage. Instead, the court granted the opposite party two months to comply with the writ order and directed the applicant to provide stamped envelopes for service of the order. The opposite party was instructed to inform the applicant of compliance within a week of receiving the order. The application was therefore 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 obey the writ order constitute contempt of court?
- Is it necessary to issue a notice before proceeding with contempt proceedings?
Subjects
- contempt of court
- willful disobedience
- writ order
- procedural directions
- High Court
- civil contempt
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6094 of 2026
Arun Kumar Saini
.....Applicant(s)
Versus
Santosh Kumar
.....Opposite
Party(s)
Counsel for Applicant(s) : Durga Shanker Mishra
Counsel for Opposite Party(s) :
Court No. - 53
HON'BLE VIKAS BUDHWAR, 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
14.11.2025 passed in Writ A No. 16979 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 14.11.2025. Copy of the order was served 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 two months further time to comply with the
order dated 14.11.2025 passed in Writ A No. 16979 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
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.
CAPL No. 6094 of 2026
2
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.
(Vikas Budhwar,J.)
September 8, 2026
Ashu
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
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