Allahabad High Court
RAMPALversusSRI DR. RAJENDER PENSIYA DISTRICT MAGISTRATE
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court did not find the opposite party in contempt at this stage and ordered further time for compliance, disposing of the contempt application pending compliance.
Summary
The applicant, Rampal, filed a contempt application under Section 12 of the Contempt of Courts Act alleging that the opposite party, Sri Dr. Rajender Pensiya, District Magistrate, willfully disobeyed a judgment dated 29 May 2025 in Writ Petition No.16610 of 2025. The order was served to the opposite party on 8 September 2025, but compliance had not been achieved. The court examined whether the non‑compliance amounted to contempt and whether procedural notice was required before proceeding. It held that, although a prima facie case of contempt existed, the court would not issue a notice at this stage and instead granted the opposite party three months to comply. The court directed the applicant to provide stamped envelopes for service of the order and ordered the court office to forward the order to the opposite party. The contempt application was therefore disposed pending compliance with the original order.
Issues considered
- Whether the opposite party's failure to comply with the order dated 29‑05‑2025 constitutes contempt of court under Section 12 of the Contempt of Courts Act
- Whether notice is required before initiating contempt proceedings in the present circumstances
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt of court
- willful disobedience
- Section 12
- High Court of Allahabad
- writ petition
- procedural compliance
- notice
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2521 of 2026
Rampal
.....Applicant(s)
Versus
Sri Dr. Rajender Pensiya District Magistrate
.....Opposite
Party(s)
Counsel for Applicant(s) : Rohit Kumar Pandey
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 29.05.2025 passed by this
Court in Writ Petition No.16610 of 2025.
3. It is contended that applicant had filed aforesaid writ, which was disposed
of vide order dated 29.05.2025. Copy of the said order was served to the
opposite party personally on 08.09.2025, 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 29.05.2025 passed by this Court in Writ Petition No.16610 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
the self-addressed envelope of the applicant with a copy of contempt
CAPL No. 2521 of 2026
2
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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