Allahabad High Court
RAM PRAKASH BHUMIYAversusHARI MANGAL SAROJ, DEPUTY DIRECTOR LOCAL FUND AUDIT DEPARTMENT
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court found a prima facie case of contempt but disposed of the application, granting the opposite party three months to comply before any contempt proceedings may be revived.
Summary
The applicant filed a contempt application under Section 12 of the Contempt of Courts Act alleging that the opposite party, Deputy Director of the Local Fund Audit Department, willfully disobeyed a judgment dated 03‑09‑2025 in Writ Petition No.13077 of 2025. The order was served on 13‑10‑2025 but remained unimplemented. The court observed that a prima facie case of contempt existed but, without issuing a notice, granted the opposite party three months to comply and directed the parties to exchange the order via stamped envelopes. The opposite party was instructed to intimate compliance within a week of receipt. The court held that if compliance is not achieved, the applicant may approach the court again, and disposed of the contempt application at this stage.
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 notice is required before proceeding with contempt proceedings.
- Whether the court can grant a further period for compliance before initiating contempt sanctions.
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt of court
- willful disobedience
- Section 12
- High Court of Allahabad
- Writ Petition
- procedural compliance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2505 of 2026
Ram Prakash Bhumiya
.....Applicant(s)
Versus
Hari Mangal Saroj, Deputy Director Local Fund
Audit Department .....Opposite
Party(s)
Counsel for Applicant(s) : Arti Srivastava, Karedin
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 03.09.2025 passed by this
Court in Writ Petition No.13077 of 2025.
3. It is contended that applicant had filed aforesaid writ, which was disposed
of vide order dated 03.09.2025. Copy of the said order was served to the
opposite party personally on 13.10.2025, 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 03.09.2025 passed by this Court in Writ Petition No.13077 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
CAPL No. 2505 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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