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Allahabad High Court

BACHAU AND ANOTHERversusBADARI NATH SINGH, COLLECTOR/CHAIRMMAN, DISTRICT LEVEL COMMITTEE

Decided

Holding

The court held that although a prima facie case of contempt existed, it was appropriate to grant the opposite party a further three months to comply with the order before initiating contempt proceedings.

Summary

The applicant filed a contempt application under Section 12 of the Contempt of Courts Act, alleging that the opposite party willfully disobeyed the High Court's order dated 24‑11‑2025 in Writ Petition No. 20487 of 2022. The order had been served on 19‑12‑2025, but the opposite party had not complied. The court observed that a prima facie case of contempt existed but chose not to issue a notice at this stage. Instead, it granted the opposite party an additional three months to comply with the order and prescribed a procedure for serving the order and contempt application via registered envelopes. The court directed the applicant to provide the necessary envelopes and stated that if compliance is not achieved, the applicant may approach the court again. The contempt application was therefore disposed of pending compliance.

Issues considered

  • Whether the opposite party's failure to comply with the order constitutes contempt of court under Section 12 of the Contempt of Courts Act.
  • Whether the court should issue a notice and proceed with contempt proceedings immediately.

Legislation cited

Subjects

  • contempt of court
  • willful disobedience
  • Section 12
  • High Court of Allahabad
  • writ petition
  • procedural order

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
             CONTEMPT APPLICATION (CIVIL) No. - 2495 of 2026

Bachau And Another
                                                                 .....Applicant(s)
                                    Versus

Badari Nath Singh, Collector/Chairmman, District
Level Committee                                                     .....Opposite
                                                                          Party(s)

Counsel for Applicant(s)                      :   Satish Kumar Mishra
Counsel for Opposite Party(s)                 :


Court No. - 9
                HON'BLE ROHIT RANJAN AGARWAL, J.

1. Heard learned counsel for the applicant.

2. The present contempt application has been filed under Section 12 of the
Contempt of Courts Act for punishing the Opposite Party for willful
disobedience of the judgment and order dated 24.11.2025 passed by this
Court in Writ Petition No.20487 of 2022.

3. It is contended that applicant had filed aforesaid writ, which was disposed
of vide order dated 24.11.2025. Copy of the said order was served to the
opposite party through registered post on 19.12.2025, but the said direction
has not been complied with by the opposite party till date.

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 24.11.2025 passed by this Court in Writ Petition No.20487 of 2022
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
one week from today. The office shall send a copy of this order along with
                                                                                             CAPL No. 2495 of 2026
                                                                    2


                                    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.

                                    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.



                                                                                     (Rohit Ranjan Agarwal,J.)
                                    April 20, 2026
                                    SK Goswami




Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad


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