Allahabad High Court
RAMESH CHANDRAversusMR SANTOSH KUMAR
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court held that while a prima facie case of contempt exists, the opposite party should be given a further twelve weeks to comply with the original order before contempt proceedings can be advanced.
Summary
Ramesh Chandra filed a contempt application against Santosh Kumar alleging willful defiance of an order dated 07‑01‑2025 passed by the Allahabad High Court in Civil Misc. Writ Petition No. 42309 of 2028. The applicant claimed that despite service of a certified copy, the opposite party had not complied with the writ court’s directions. The bench observed that a prima facie case of contempt existed but refrained from issuing a notice, instead granting the opposite party twelve weeks to comply. The court directed the applicant to provide stamped envelopes for service of the order and contempt application, and instructed the court staff to forward the documents to the opposite party. The opposite party was further directed to comply with the writ court’s order and inform the applicant within a week of compliance. 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 the opposite party’s failure to comply with the order dated 07‑01‑2025 amounts to contempt of court
- Whether a notice should be issued before proceeding with contempt proceedings
- What relief, if any, should be granted to the applicant pending compliance
Subjects
- contempt of court
- willful disobedience
- civil writ
- high court procedure
- order compliance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6908 of 2026
Ramesh Chandra
.....Applicant(s)
Versus
Mr Santosh Kumar
.....Opposite
Party(s)
Counsel for Applicant(s) : Dau Dayal Verma, Girraj 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 preferred alleging willful
defiance of the order dated 07.01.2025 passed by this Hon'ble court in
Civil Misc. Writ Petition No.42309 of 2028 (Ramesh Chandra Vs. State
of U.P. and others).
3. It is contended by learned counsel for the applicant that despite service
of certified copy of the order upon the opposite party, 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 twelve weeks further time to comply with the
order dated 07.01.2025 passed by this Hon'ble court in Civil Misc. Writ
Petition No.42309 of 2028 (Ramesh Chandra Vs. 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 party 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 party within one week thereafter
CAPL No. 6908 of 2026
2
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.)
October 1, 2026
N.S.Rathour
Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad
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