Allahabad High Court
SHIV POOJAN GIRI AND 11 OTHERSversusSHIVAM PANDEY
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court held that while a prima facie case of contempt exists, the matter should be deferred by granting the opposite party additional time to comply before issuing a notice.
Summary
The applicants filed a contempt application alleging that the opposite party willfully disobeyed the High Court's order dated 18-12-2025 in Civil Misc. Writ Petition No.19146 of 2025. The court examined the claim and found a prima facie case for contempt but chose not to issue a notice at this stage. Instead, the court granted the opposite party an additional three months to comply with the original order, subject to service of the order via a stamped envelope provided by the applicants. The applicants were directed to supply the necessary envelopes within two weeks, after which the court would forward the order and contempt application to the opposite party. The court held that if the opposite party fails to comply, the applicants may approach the court again, and the contempt application was disposed of for the time being.
Issues considered
- Whether the opposite party's failure to comply with the order dated 18-12-2025 amounts to contempt of court
- Whether a notice should be issued to the opposite party before proceeding with contempt proceedings
Subjects
- contempt of court
- willful disobedience
- civil writ petition
- compliance order
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6133 of 2026
Shiv Poojan Giri And 11 Others
.....Applicant(s)
Versus
Shivam Pandey
.....Opposite
Party(s)
Counsel for Applicant(s) : Ram Jeet Yadav
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
18.12.2025, as passed in Civil Misc. Writ Petition No.19146 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 18.12.2025. 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 18.12.2025, as passed in Civil Misc. Writ Petition No.19146
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. 6133 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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