Allahabad High Court
RAMASHISH SINGHversusMR DEVENDRA KUMAR GUPTA AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that the opposite party must be given a further three months to comply with the earlier order before contempt proceedings can proceed.
Summary
The applicant, Ramashish Singh, filed a contempt application under Section 12 of the Contempt of Courts Act alleging that the opposite parties willfully disobeyed a judgment dated 12‑12‑2024 in Writ Petition No.19320 of 2024. The court noted that the order had been served but not complied with, establishing a prima facie case of contempt. However, the court observed that no formal notice had been issued to the opposite parties and therefore granted them an additional three months to comply. The court directed the applicant to provide stamped envelopes for service of the order and a self‑addressed envelope for the opposite party’s response. It further ordered that the opposite party must comply within the stipulated time and inform the applicant, failing which the applicant may approach the court again. The contempt application was thus disposed pending compliance with the original order.
Issues considered
- Does the opposite party's failure to comply with the order dated 12‑12‑2024 constitute contempt of court under Section 12 of the Contempt of Courts Act?
- Is a formal notice required before initiating contempt proceedings for willful disobedience of a court order?
Legislation cited
- Contempt of Courts Act, 1971 — s. 12
Subjects
- contempt of court
- willful disobedience
- execution of judgment
- Section 12
- procedural directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2536 of 2026
Ramashish Singh
.....Applicant(s)
Versus
Mr Devendra Kumar Gupta 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 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 12.12.2024 passed by this
Court in Writ Petition No.19320 of 2024.
3. It is contended that applicant had filed aforesaid writ, which was disposed
of vide order dated 12.12.2024. 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 12.12.2024 passed by this Court in Writ Petition No.19320 of 2024
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. 2536 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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