Allahabad High Court
RAM BARAN KEWATversusDR. YOGITA SINGH SUB DIVISIONAL MAGISTRATE AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that while a prima facie case of contempt existed, it would grant the opposite party additional time to comply before proceeding with contempt proceedings.
Summary
The applicant, Ram Baran Kewat, filed a contempt application under Section 12 of the Contempt of Courts Act alleging that the opposite party, Dr. Yogita Singh, Sub‑Divisional Magistrate, willfully disobeyed a judgment dated 27‑09‑2023 in Writ Petition No.32237 of 2023. The order was served to the opposite party on 31‑10‑2023, but compliance had not been achieved. The court found that a prima facie case of contempt existed but, without issuing a notice, granted the opposite party an additional three‑month period to comply. The court directed the applicant to provide stamped envelopes for service of the order and contempt application, and ordered the court office to forward these documents within a week. The opposite party was instructed to comply with the writ court’s directions and inform the applicant within a week thereafter. If compliance fails, the applicant may approach the court again. The application was ultimately disposed without a contempt finding, pending further compliance.
Issues considered
- Whether the opposite party’s failure to comply with the judgment constitutes willful disobedience punishable as contempt under Section 12 of the Contempt of Courts Act.
Legislation cited
- Contempt of Courts Act, 1971 — s. 12
Subjects
- contempt of court
- willful disobedience
- judgment compliance
- Section 12
- procedural order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2520 of 2026
Ram Baran Kewat
.....Applicant(s)
Versus
Dr. Yogita Singh Sub Divisional Magistrate And
Another .....Opposite
Party(s)
Counsel for Applicant(s) : Ram Sevak Yadav
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 27.09.2023 passed by this
Court in Writ Petition No.32237 of 2023.
3. It is contended that applicant had filed aforesaid writ, which was disposed
of vide order dated 27.09.2023. Copy of the said order was served to the
opposite party personally on 31.10.2023, 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 27.09.2023 passed by this Court in Writ Petition No.32237 of 2023
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. 2520 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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