Allahabad High Court
RAJKUMARversusHIMANSHU NAGPAL
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court held that while a prima facie case of contempt exists, the opposite party must be given a further four weeks to comply before contempt proceedings can be enforced.
Summary
The applicant, Rajkumar, filed a contempt application alleging that the opposite party, Himanshu Nagpal, willfully disobeyed the judgment and order dated 08‑04‑2026 in Civil Misc. Writ Petition No. 13479 of 2026. The court noted that a prima facie case of contempt existed but, without issuing a notice, granted the opposite party an additional four weeks to comply with the writ order. The applicant was directed to provide stamped envelopes for service of the order, and the court ordered that a copy of the contempt application be sent to the opposite party. The opposite party must comply with the writ court’s directions and inform the applicant within a week thereafter. If compliance is not achieved, the applicant may approach the court again; the contempt application was disposed of pending compliance.
Issues considered
- Does the opposite party's failure to comply with the order dated 08‑04‑2026 constitute contempt of court?
Subjects
- contempt
- willful disobedience
- civil writ
- compliance
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6758 of 2026
Rajkumar
.....Applicant(s)
Versus
Himanshu Nagpal
.....Opposite
Party(s)
Counsel for Applicant(s) : Shubham Singh
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
08.04.2026 passed in Civil Misc. Writ Petition No. 13479 of 2026
(Rajkumar vs State of UP And 3 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 08.04.2026. 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 four weeks further time to comply with the order
dated 08.04.2026 passed in Civil Misc. Writ Petition No. 13479 of 2026
(Rajkumar vs State of UP And 3 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
this order along with the self-addressed envelope of the applicant with a
CAPL No. 6758 of 2026
2
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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