Allahabad High Court
SANTOSH KUMAR KUSHWAHA AND 3 OTHERSversusSRI DEEPAK MEENA AND 2 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
A prima facie case of contempt exists, but the Court refrains from issuing notice and instead grants the opposite party time to comply with the order.
Summary
The applicants filed a contempt application under Section 12 of the Contempt of Courts Act, alleging that the opposite party willfully disobeyed the Court's order dated 15 July 2025 in Civil Misc. Writ Petition No.21107 of 2025. The order was served on 24 July 2025, but the opposite party failed to comply. 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 three months to comply and directed procedural steps for serving the order and contempt application. The Court further directed that if compliance is not achieved, the applicants may approach the Court again, and the contempt application was disposed of at this stage.
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?
- Should a notice be issued to the opposite party before proceeding with contempt proceedings?
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt
- willful disobedience
- Section 12
- High Court
- order compliance
- civil writ
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2504 of 2026
Santosh Kumar Kushwaha And 3 Others
.....Applicant(s)
Versus
Sri Deepak Meena And 2 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Amit Kumar Srivastava
Counsel for Opposite Party(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. Heard learned counsel for the applicants.
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 15.07.2025 passed by this
Court in Civil Misc. Writ Petition No.21107 of 2025.
3. It is contended that applicants had filed aforesaid writ, which was
disposed of vide order dated 15.07.2025. Copy of the said order was
served to the opposite party through registered post on 24.07.2025, 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 15.07.2025 passed by this Court in Civil Misc. Writ Petition
No.21107 of 2025 from the date of production of a certified copy of this
order.
6. The applicants 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
CAPL No. 2504 of 2026
2
order along with the self-addressed envelope of the applicants 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 applicants 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 applicants 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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