Allahabad High Court
AMIT KUMARversusSURENDRA KUMAR TIWARI
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court held that despite a prima facie case of contempt, it would not issue notice but instead grant the opposite party four weeks to comply and disposed of the contempt application pending compliance.
Summary
The applicant Amit Kumar filed a contempt application alleging that the opposite party, Surendra Kumar Tiwari, willfully disobeyed a judgment and order dated 09-10-2025 in writ petition No. 14249 of 2025. The court noted that a prima facie case of contempt existed but, instead of issuing a notice, granted the opposite party an additional four weeks to comply with the earlier order. The applicant was directed to provide stamped envelopes for service of the order and contempt application. The opposite party was instructed 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 disposed of the contempt application at this stage.
Issues considered
- Whether a contempt proceeding can be initiated for alleged willful disobedience of a prior court order
- Whether notice to the opposite party is mandatory 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. - 6894 of 2026
Amit Kumar
.....Applicant(s)
Versus
Surendra Kumar Tiwari
.....Opposite
Party(s)
Counsel for Applicant(s) : Ratnesh Khare
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
09.10.2025 passed by this Hon'ble Court in writ petition no. 14249 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 09.10.2025. 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 four weeks further time to comply with the order
dated 09.10.2025 passed by this Hon'ble Court in writ petition no. 14249
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
CAPL No. 6894 of 2026
2
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 30, 2026
Ashu
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
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