Allahabad High Court
NAHAR SINGHversusRAJENDRA KUMAR, DEPUTY SECRETARY/DEPUTY CUSTODIAN FOR ENEMY PROPERTY OF INDIA AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court found a prima facie case of contempt but disposed of the application, granting the opposite party three months to comply with the earlier order.
Summary
Nahar Singh filed a contempt application under Section 12 of the Contempt of Courts Act alleging that Rajendra Kumar, Deputy Custodian for Enemy Property of India, willfully disobeyed the High Court's order dated 19‑01‑2026 in Writ Petition No.239 of 2026. The order had been served to the opposite party on 28‑01‑2026, but compliance was not forthcoming. The Court observed that a prima facie case of contempt existed but, noting that no notice had been issued, granted the opposite party an additional three months to comply and directed the Court to effect service of the order via registered envelopes. The opposite party was also instructed to inform the applicant of compliance within a week of receipt. The Court disposed of the contempt application at this stage, leaving open the possibility of a fresh application if compliance is not achieved.
Issues considered
- Whether a prima facie case of contempt exists for willful disobedience of the order dated 19‑01‑2026.
- Whether notice to the opposite party is required before proceeding with contempt proceedings.
- Whether the Court may grant additional time for compliance before deciding on contempt.
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt of court
- willful disobedience
- Section 12
- High Court
- Writ Petition
- procedural compliance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2650 of 2026
Nahar Singh
.....Applicant(s)
Versus
Rajendra Kumar, Deputy Secretary/Deputy
Custodian For Enemy Property Of India And
Another .....Opposite
Party(s)
Counsel for Applicant(s) : Lokesh Kumar Dwivedi, Rajneesh
Tiwari
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 19.01.2026 passed by this
Court in Writ Petition No.239 of 2026.
3. It is contended that applicant had filed aforesaid writ, which was disposed
of vide order dated 19.01.2026. Copy of the said order was served to the
opposite party through registered post on 28.01.2026, 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 19.01.2026 passed by this Court in Writ Petition No.239 of 2026 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
CAPL No. 2650 of 2026
2
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
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 23, 2026
SK Goswami
Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad
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