Allahabad High Court
RADHESHYAMversusPRAMOD-II
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court disposed of the contempt application, granting the opposite party three months to comply with the earlier writ order and deferring further contempt proceedings.
Summary
Radheshyam filed a contempt application alleging that Pramod‑II failed to comply with the order dated 23‑03‑2026 in Writ C No. 3565/2026, which required the opposite party to decide a claim. The court noted a prima facie case of willful disobedience but declined to issue a notice at this stage. Instead, it granted Pramod‑II an additional three‑month period to comply, subject to service of the order through a stamped envelope supplied by the applicant. The court also directed the applicant to provide a self‑addressed envelope for the opposite party to return proof of compliance. If the order remains unfulfilled, the applicant may approach the court again. The contempt application was therefore disposed of pending compliance.
Issues considered
- What is the appropriate procedural step for a contempt application where the alleged contemnor has not complied with a prior writ order?
- Should a notice be issued to the opposite party before proceeding with contempt proceedings?
Subjects
- contempt
- non‑compliance
- writ order
- procedural directions
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6938 of 2026
Radheshyam
.....Applicant(s)
Versus
Pramod-Ii
.....Opposite
Party(s)
Counsel for Applicant(s) : Ambresh Kumar
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 non-
compliance of the order dated 23.03.2026 passed in Writ C No.
3565/2026 whereby the writ petition was disposed of directing the
opposite party to decide the claim.
3. It is contended by learned counsel for the applicant that 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 23.03.2026 passed in Writ C No. 3565/2026 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
and keep a record thereof.
CAPL No. 6938 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
Rajesh
Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad
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