Allahabad High Court
SWAMI GAJANAND SARASWATIversusSHRI SATYENDRA KUMAR AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that the opposite party's non‑compliance amounts to prima facie contempt but ordered a further opportunity to comply before initiating contempt proceedings.
Summary
The applicant, Swami Gajanand Saraswati, filed a contempt application under Section 12 of the Contempt of Courts Act, alleging that the opposite parties willfully disobeyed a judgment dated 12 January 2026 in Writ Petition No. 39828 of 2025. The court noted that a copy of the order had been personally served on 23 January 2026 but remained unimplemented. While the court found a prima facie case of contempt, it declined to issue notice at this stage and instead granted the opposite parties an additional three months to comply. The court directed the applicant to provide stamped envelopes for service of the order and a self‑addressed envelope for the opposite parties to return compliance. It further ordered that if compliance is not achieved, the applicant may approach the court again. Consequently, the contempt application was disposed pending further compliance.
Issues considered
- Does the opposite party's failure to comply with the court's order constitute contempt under Section 12 of the Contempt of Courts Act?
- Is it necessary to issue a notice before proceeding with contempt proceedings in such circumstances?
Legislation cited
- Contempt of Courts Act, 1971 — s. 12
Subjects
- contempt of court
- willful disobedience
- judgment compliance
- section 12
- high court procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2499 of 2026
Swami Gajanand Saraswati
.....Applicant(s)
Versus
Shri Satyendra Kumar And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anurag Mishra, Yogesh 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 12.01.2026 passed by this
Court in Writ Petition No.39828 of 2025.
3. It is contended that applicant had filed aforesaid writ, which was disposed
of vide order dated 12.01.2026. Copy of the said order was served to the
opposite party personally on 23.01.2026, 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 12.01.2026 passed by this Court in Writ Petition No.39828 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 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. 2499 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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