Allahabad High Court
VIJAL DALEL AND ANOTHERversusSHRI MEGHA ROOPAM COLLECTOR/ DISTRICT MAGISTRATE
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
A prima facie case of contempt exists, but the Court granted the opposite party further time to comply before proceeding with contempt proceedings.
Summary
The applicants filed a contempt application under Section 12 of the Contempt of Courts Act, alleging that the opposite party willfully disobeyed the Court’s judgment and order dated 27‑11‑2025 in Civil Misc. Writ Petition No.41879 of 2025. The order was served on the opposite party on 04‑12‑2025, but compliance was not forthcoming. The Court observed that a prima facie case of contempt exists but, instead of issuing a notice, it granted the opposite party an additional three months to comply, subject to procedural steps involving stamped envelopes. The Court directed the parties to exchange copies of the order and the contempt application within specified time frames and warned that failure to comply would permit the applicants to approach the Court again. Consequently, the contempt application was disposed of at this stage pending compliance.
Issues considered
- Whether the opposite party’s failure to comply with the order dated 27‑11‑2025 constitutes willful disobedience punishable under Section 12 of the Contempt of Courts Act.
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt of court
- willful disobedience
- Section 12
- order compliance
- High Court of Allahabad
- civil writ
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2531 of 2026
Vijal Dalel And Another
.....Applicant(s)
Versus
Shri Megha Roopam Collector/ District Magistrate
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajay Kumar Sharma, Arun Kumar
Upadhyay
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 27.11.2025 passed by this
Court in Civil Misc. Writ Petition No.41879 of 2025.
3. It is contended that applicants had filed aforesaid writ, which was
disposed of vide order dated 27.11.2025. Copy of the said order was
served to the opposite party personally on 04.12.2025, 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 27.11.2025 passed by this Court in Civil Misc. Writ Petition
No.41879 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
CAPL No. 2531 of 2026
2
office within one week from today. The office shall send a copy of this
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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