Allahabad High Court
NETRAPALversusRAJESH SHUKL, SUB DIVISIONAL MAGISTRATE
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
A prima facie case of contempt exists, but the Court refrains from issuing a notice and instead grants the opposite party time to comply with the order.
Summary
The applicant, Netrapal, filed a contempt application under Section 12 of the Contempt of Courts Act against Sub‑Divisional Magistrate Rajesh Shukl for allegedly willfully disobeying the High Court’s judgment and order dated 08‑07‑2025 in Writ Petition No.18022 of 2025. The order was personally served on the opposite party on 22‑07‑2025, but compliance had not been achieved. The Court observed that a prima facie case of contempt existed but, instead of issuing a notice, it granted the opposite party an additional three months to comply and directed procedural steps for serving the order. The applicant was instructed to provide stamped envelopes for service, and the opposite party was required to intimate compliance within a week of receipt. The Court held that if compliance is not forthcoming, the applicant may approach the Court again, and the contempt application was disposed of at this stage.
Issues considered
- Whether the Sub‑Divisional Magistrate’s failure to comply with the order dated 08‑07‑2025 amounts to willful disobedience punishable as contempt under Section 12 of the Contempt of Courts Act.
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt
- willful disobedience
- Section 12
- Contempt of Courts Act
- Writ Petition
- High Court
- procedural compliance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2514 of 2026
Netrapal
.....Applicant(s)
Versus
Rajesh Shukl, Sub Divisional Magistrate
.....Opposite
Party(s)
Counsel for Applicant(s) : Gyanendra Kumar Gupta, Manoj
Kumar 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 08.07.2025 passed by this
Court in Writ Petition No.18022 of 2025.
3. It is contended that applicant had filed aforesaid writ, which was disposed
of vide order dated 08.07.2025. Copy of the said order was served to the
opposite party personally on 22.07.2025, 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 08.07.2025 passed by this Court in Writ Petition No.18022 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. 2514 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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