Allahabad High Court
ANJANEE KUMAR KUSHWAHAversusMR. RAJEEV YADAV, TEHSILDAR, TEHSIL SADAR
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that although a prima facie case of contempt exists, no contempt order is made; instead, the opposite party is given three months to comply with the original order.
Summary
The applicant filed a contempt application under Section 12 of the Contempt of Courts Act, alleging that the opposite party willfully disobeyed a judgment dated 28‑08‑2023 in Writ Petition No.1984 of 2023. The order was served on the opposite party on 22‑09‑2023, but compliance was not forthcoming. The court found a prima facie case of contempt but, noting that no notice had been issued, refrained from imposing punishment. Instead, the court granted the opposite party an additional three months to comply, directing the applicant to provide stamped envelopes for service of the order. The court ordered that the opposite party must comply and inform the applicant within a week of receipt, and left open the possibility of a fresh contempt application if compliance fails. The application was therefore disposed of at this stage.
Issues considered
- Whether the opposite party's failure to comply with the court's order amounts to contempt under Section 12 of the Contempt of Courts Act
- Whether notice is required before proceeding with contempt proceedings
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt of court
- willful disobedience
- Section 12
- order compliance
- High Court
- Writ Petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2498 of 2026
Anjanee Kumar Kushwaha
.....Applicant(s)
Versus
Mr. Rajeev Yadav, Tehsildar, Tehsil Sadar
.....Opposite
Party(s)
Counsel for Applicant(s) : Shyam Sunder Maurya
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 28.08.2023 passed by this
Court in Writ Petition No.1984 of 2023.
3. It is contended that applicant had filed aforesaid writ, which was disposed
of vide order dated 28.08.2023. Copy of the said order was served to the
opposite party personally on 22.09.2023, 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 28.08.2023 passed by this Court in Writ Petition No.1984 of 2023
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
the self-addressed envelope of the applicant with a copy of contempt
CAPL No. 2498 of 2026
2
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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