Allahabad High Court
RAMPRAWESH GUPTAversusMR KUMAR AMRENDRA, DISTRICT PANCHAYAT RAJ OFFICER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
While a prima facie case of contempt exists, the Court held that contempt proceedings cannot proceed without notice and therefore granted the opposite party time to comply before proceeding.
Summary
The High Court of Allahabad heard a contempt application filed under Section 12 of the Contempt of Courts Act by Ramprawesh Gupta against Kumar Amrendra for allegedly refusing to obey a judgment dated 10‑11‑2025 in Writ Petition No.16602 of 2025. The order was served on the opposite party on 01‑12‑2025 but remained unimplemented. The Court observed that a prima facie case of willful disobedience existed, but noted that no notice had been issued to the opposite party. Consequently, the Court granted the opposite party three months to comply and directed the applicant to provide stamped envelopes for service of the order. The Court further ordered that the opposite party must comply and inform the applicant within a week of receipt, and that the applicant may approach the Court again if compliance does not occur. The contempt application was therefore disposed of at this stage, pending compliance.
Issues considered
- Does the opposite party's failure to comply with the judgment constitute willful disobedience punishable under Section 12 of the Contempt of Courts Act?
- Is a notice required before contempt proceedings can be initiated against the opposite party?
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt of court
- willful disobedience
- order compliance
- section 12
- high court procedural directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2513 of 2026
Ramprawesh Gupta
.....Applicant(s)
Versus
Mr Kumar Amrendra, District Panchayat Raj
Officer .....Opposite
Party(s)
Counsel for Applicant(s) : Anjali, Pramod Kumar Singh
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 10.11.2025 passed by this
Court in Writ Petition No.16602 of 2025.
3. It is contended that applicant had filed aforesaid writ, which was disposed
of vide order dated 10.11.2025. Copy of the said order was served to the
opposite party personally on 01.12.2025, 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 10.11.2025 passed by this Court in Writ Petition No.16602 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. 2513 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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