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Allahabad High Court

MAHESH PRASAD MISHRA (RETIRED LECTURER)versusRAKESH KUMAR

Decided

Holding

While a prima facie case of contempt exists, the court disposed of the application pending compliance, granting the opposite party three months to obey the earlier order.

Summary

The applicant, Mahesh Prasad Mishra, filed a contempt application alleging that the opposite party, Rakesh Kumar, willfully disobeyed the High Court’s judgment and order dated 16‑10‑2025 in Writ‑A No. 10841 of 2025. The court noted 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 with the earlier order. The applicant was directed to provide stamped envelopes for service of the order and contempt application. The opposite party was instructed to comply with the writ court’s directions and inform the applicant within a week of doing so. The court held that if compliance is not achieved, the applicant may approach the court again, and the contempt application was disposed of at this stage.

Issues considered

  • Does the opposite party’s failure to comply with the order dated 16‑10‑2025 constitute contempt of court?
  • Is it necessary to issue a notice before proceeding with contempt proceedings in such circumstances?

Subjects

  • contempt of court
  • non‑compliance with court order
  • civil contempt
  • procedural law
  • high court

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CONTEMPT APPLICATION (CIVIL) No. - 6118 of 2026

Mahesh Prasad Mishra (Retired Lecturer)
                                                          .....Applicant(s)
                                  Versus

Rakesh Kumar
                                                             .....Opposite
                                                                   Party(s)

Counsel for Applicant(s)      : Divyansh      Sharma,    Shiv    Narayan
                                Pandey
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
16.10.2025 passed by this Hon'ble Court in Writ-A No. 10841 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 16.10.2025. 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 three months further time to comply with the
order dated 16.10.2025 passed by this Hon'ble Court in Writ-A No. 10841
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
                                                                                           CAPL No. 6118 of 2026
                                                                   2


                                    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.



                                                                                          (Vikas Budhwar,J.)
                                    September 8, 2026
                                    Ashu




Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad


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