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Allahabad High Court

DHIRENDRA YADAVversusMR GAURANG RATHI

Decided

Holding

The contempt application was not proceeded against; the opposite party was given one month to comply and the application was disposed.

Summary

The applicant filed a contempt application alleging that the opposite party willfully disobeyed the judgment and order dated 19-11-2025 in Writ-C No.22417 of 2025. The court noted that a prima facie case existed for contempt but, instead of issuing notice, it granted the opposite party an additional month to comply with the earlier order. The applicant was directed to provide stamped envelopes for service of the order, and the court ordered that the order be sent to the opposite party within a week. The opposite party was required to comply with the writ court's directions and inform the applicant within a week thereafter. The court held that if compliance is not achieved, the applicant may approach the court again, and the contempt application was disposed at this stage.

Issues considered

  • Whether the opposite party's failure to comply with the order dated 19-11-2025 constitutes contempt of court
  • Whether notice is required before proceeding with contempt proceedings

Subjects

  • contempt
  • willful disobedience
  • writ petition
  • compliance
  • High Court
  • procedural order

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CONTEMPT APPLICATION (CIVIL) No. - 6127 of 2026

Dhirendra Yadav
                                                          .....Applicant(s)
                                  Versus

Mr Gaurang Rathi
                                                             .....Opposite
                                                                   Party(s)

Counsel for Applicant(s)          :   Harish Yadav, Raj Kumar Kesari
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
19.11.2025 passed by this Hon'ble Court, in Writ-C No.22417 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 19.11.2025. 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 one month further time to comply with the order
dated 19.11.2025 passed by this Hon'ble Court, in Writ-C No.22417 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. 6127 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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