Allahabad High Court
HRISHIKESH SINGH AND 4 OTHERSversusMR. MAHENDRA DEV DIRECTOR, SECONDARY EDUCATION AND 2 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
A prima facie case of contempt exists, but the court adjourns notice and grants the opposite party three months to comply, disposing of the contempt application at this stage.
Summary
The applicants filed a contempt application under Section 12 of the Contempt of Courts Act, alleging that the opposite party willfully disobeyed a judgment dated 08.01.2026 in Civil Misc. Writ Petition No.19238 of 2024. The court noted that a prima facie case of contempt existed but declined to issue a notice at this stage. Instead, the court granted the opposite party three months to comply with the original order and directed procedural steps for serving the order and contempt application. The opposite party was instructed to intimate compliance to the applicants within a week of receiving the order. The court held that if compliance is not achieved, the applicants may approach the court again, and disposed of the contempt application for the time being.
Issues considered
- Whether the opposite party's failure to comply with the order constitutes contempt of court under Section 12 of the Contempt of Courts Act.
- Whether notice should be issued to the opposite party before proceeding with contempt proceedings.
- Appropriate relief and time-frame for compliance with the original order.
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt of court
- willful disobedience
- Section 12
- High Court of Allahabad
- civil contempt
- order compliance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2535 of 2026
Hrishikesh Singh And 4 Others
.....Applicant(s)
Versus
Mr. Mahendra Dev Director, Secondary Education
And 2 Others .....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 08.01.2026 passed by this
Court in Civil Misc. Writ Petition No.19238 of 2024.
3. It is contended that applicants had filed aforesaid writ, which was
disposed of vide order dated 08.01.2026. Copy of the said order was
served to the opposite party, 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 08.01.2026 passed by this Court in Civil Misc. Writ Petition
No.19238 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. 2535 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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