Allahabad High Court
HARI SHANKARversusSHRI NAND KISHOR DHAR DWIVEDI, THE DIRECTOR, PENSION, DIRECTORATE OF PENSION AND ANOTHER
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court found a prima facie case of contempt but deferred notice, granting the opposite party two months to comply with the earlier judgment.
Summary
The applicant, Hari Shankar, filed a contempt application seeking to punish the opposite party for willful disobedience of a judgment dated 22‑09‑2025 in writ petition No. 14282/2025. The writ petition had been disposed by the same High Court, and a certified copy of the order was served on the opposite party, who allegedly failed to comply. The court examined whether a prima facie case of contempt existed and considered the procedural requirement of issuing notice before proceeding. It held that a prima facie case was made out but refrained from issuing notice, instead granting the opposite party two months to comply with the original order. The court directed the applicant to provide stamped envelopes for service of the contempt application and ordered that the opposite party comply within the stipulated time, failing which the applicant may approach the court again. Accordingly, the contempt application was disposed at this stage.
Issues considered
- Whether the opposite party's failure to comply with the judgment constitutes willful disobedience attracting contempt proceedings
- Whether notice is required before initiating contempt proceedings in the present circumstances
- Whether the court may grant a further time period for compliance before proceeding with contempt
Subjects
- contempt
- willful disobedience
- judgment compliance
- procedural directions
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6743 of 2026
Hari Shankar
.....Applicant(s)
Versus
Shri Nand Kishor Dhar Dwivedi, The Director,
Pension, Directorate Of Pension And Another .....Opposite
Party(s)
Counsel for Applicant(s) : Devesh Mishra, Mohammad Fahad
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
22/09/2025, Passed by this Hon'ble Court in writ petition No. 14282/2025
(Hari Shankar V/s State of U.P. and others).
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 22/09/2025. 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 22/09/2025, Passed by this Hon'ble Court in writ petition No.
14282/2025 (Hari Shankar V/s State of U.P. and others) 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
CAPL No. 6743 of 2026
2
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.
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 24, 2026
Ashu
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
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