Allahabad High Court
LAV SINGH AND 2 OTHERSversusMR. DEVENDRA KUMAR GUPTA, DISTRICT INSPECTOR OF SCHOOLS AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
While a prima facie case of contempt exists, the court declined to issue a notice and instead granted the opposite party three months to comply with the earlier order.
Summary
The applicants filed a contempt application under Section 12 of the Contempt of Courts Act, alleging that the opposite party willfully disobeyed the High Court's order dated 13‑12‑2024 in Civil Misc. Writ Petition No.19335 of 2024. The order was served on the opposite party on 22‑01‑2025, but no compliance was shown. The court found a prima facie case of contempt but declined to issue a notice at this stage. Instead, it granted the opposite party three months from the production of a certified copy of the order to comply, and directed the court office to send the order and related documents to the opposite party. The opposite party was further instructed to inform the applicants of compliance within a week of receipt. The court held that if compliance is not achieved, the applicants may approach the court again, and the contempt application was disposed of pending compliance.
Issues considered
- Whether a prima facie case of contempt exists for willful disobedience of the order dated 13‑12‑2024.
- Whether the court should issue a notice to the opposite party before proceeding with contempt proceedings.
- Whether the court may grant additional time for compliance instead of immediate contempt sanctions.
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt of court
- willful disobedience
- Section 12
- High Court of Allahabad
- civil writ
- compliance order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2533 of 2026
Lav Singh And 2 Others
.....Applicant(s)
Versus
Mr. Devendra Kumar Gupta, District Inspector Of
Schools And Another .....Opposite
Party(s)
Counsel for Applicant(s) : Gopal Ji Rai
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 13.12.2024 passed by this
Court in Civil Misc. Writ Petition No.19335 of 2024.
3. It is contended that applicants had filed aforesaid writ, which was
disposed of vide order dated 13.12.2024. Copy of the said order was
served to the opposite party personally on 22.01.2025, 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 13.12.2024 passed by this Court in Civil Misc. Writ Petition
No.19335 of 2024 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. 2533 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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