Allahabad High Court
ROHIT KUMAR AND ANOTHERversusKUNAL GAURAV SUB DIVISIONAL MAGISTRATE SHAHGANJ
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that the contempt application is disposed pending compliance, granting the opposite party three months to obey the earlier order.
Summary
The applicants filed a contempt application under Section 12 of the Contempt of Courts Act, alleging that the opposite party, Sub Divisional Magistrate Kunal Gaurav, willfully disobeyed a judgment dated 07‑11‑2025 in Civil Misc. Writ Petition No. 38485 of 2025. The order was personally served on 29‑11‑2025, but the opposite party had not complied. The court found a prima facie case of contempt but noted that no notice had been issued to the opposite party. Consequently, the court granted the opposite party an additional three months to comply, directing procedural steps for serving the order and a self‑addressed envelope. The court disposed of the contempt application pending compliance, leaving open the possibility of a fresh application if the order remains unfulfilled.
Issues considered
- Does the opposite party's failure to comply with the court's order constitute contempt of court under Section 12 of the Contempt of Courts Act?
- Is it necessary to issue a notice to the opposite party before proceeding with contempt proceedings?
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt of court
- willful disobedience
- civil writ
- compliance
- Section 12
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2529 of 2026
Rohit Kumar And Another
.....Applicant(s)
Versus
Kunal Gaurav Sub Divisional Magistrate Shahganj
.....Opposite
Party(s)
Counsel for Applicant(s) : Babu Lal Ram, Gyanendra Kumar
Counsel for Opposite Party(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. Heard learned counsel for the applicants.
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 07.11.2025 passed by this
Court in Civil Misc. Writ Petition No.38485 of 2025.
3. It is contended that applicants had filed aforesaid writ, which was
disposed of vide order dated 07.11.2025. Copy of the said order was
served to the opposite party personally on 29.11.2025, 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 07.11.2025 passed by this Court in Civil Misc. Writ Petition
No.38485 of 2025 from the date of production of a certified copy of this
order.
6. The applicants 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
CAPL No. 2529 of 2026
2
order along with the self-addressed envelope of the applicants 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 applicants 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 applicants 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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