Allahabad High Court
INDRA PAL SINGHversusDR. NETESH KUMAR BHODELEY
- Decided
- Bench
- VIKAS BUDHWAR
Holding
A prima facie case of contempt exists, but the court refrains from issuing notice, instead granting time for compliance and disposing the application at this stage.
Summary
Indra Pal Singh filed a contempt application against Dr. Netesh Kumar Bhodeley alleging willful disobedience of a judgment and order dated 08‑10‑2025 in Civil Misc. Writ Petition No. 15206 of 2025. The applicant claimed the order was served but not complied with. The court observed that a prima facie case of contempt existed but, at this stage, no notice was issued to the opposite party. Instead, the court granted the opposite party two months to comply with the writ order and directed procedural steps for service of the order. The court further directed the opposite party to intimate compliance within a week of receiving the order and left open the possibility of a fresh application if compliance fails. Consequently, the contempt application was disposed of without further proceedings.
Issues considered
- Whether the opposite party’s failure to comply with the writ order amounts to contempt of court
- Whether notice should be issued before proceeding with contempt proceedings
- What appropriate relief, if any, should be granted in a contempt application at this stage
Subjects
- contempt
- civil contempt
- willful disobedience
- writ order
- High Court
- procedural directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6129 of 2026
Indra Pal Singh
.....Applicant(s)
Versus
Dr. Netesh Kumar Bhodeley
.....Opposite
Party(s)
Counsel for Applicant(s) : Asar Mukhtar, Ikram Ahmad
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
08.10.2025 passed in Civil Misc. Writ petition No. 15206 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 08.10.2025 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 two months further time to comply with the
order dated 08.10.2025 passed in Civil Misc. Writ petition No. 15206 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. 6129 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.)
October 1, 2026
Ashu
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
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