Allahabad High Court
SMT. RAZIYA PARVEEN SIDDIQUI WIDOW AND 2 OTHERSversusP.N. SINGH
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that while a prima facie case of contempt exists, the opposite party must be given a further opportunity to comply before any contempt sanction can be imposed.
Summary
The applicants, Smt. Raziya Parveen Siddiqui and others, filed a contempt application under Section 12 of the Contempt of Courts Act alleging that the opposite party, P.N. Singh, willfully disobeyed a judgment dated 29 May 2025 in Civil Misc. Writ Petition No. 66040 of 2013. The order was served to the opposite party on 23 June 2025, but compliance had not been achieved. The court examined whether a prima facie case existed for contempt and whether procedural steps, such as issuing a notice, were required before imposing punishment. Finding a prima facie case but noting the absence of a notice, the court granted the opposite party an additional three months to comply, subject to a specific service procedure. The court directed the parties to exchange stamped envelopes to facilitate service of the order and contempt application. It further held that if the opposite party fails to comply, the applicants may approach the court again. Consequently, the contempt application was disposed of at this stage without imposing any penalty.
Issues considered
- Whether the opposite party's failure to comply with the court's order constitutes contempt under Section 12 of the Contempt of Courts Act.
- Whether a notice is required before proceeding with contempt proceedings.
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt of court
- willful disobedience
- court order compliance
- Civil Misc. Writ Petition
- procedural fairness
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2654 of 2026
Smt. Raziya Parveen Siddiqui Widow And 2
Others .....Applicant(s)
Versus
P.N. Singh
.....Opposite
Party(s)
Counsel for Applicant(s) : Bhim Sen Pandey, Kartikey Pandey
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 29.05.2025 passed by this
Court in Civil Misc. Writ Petition No.66040 of 2013.
3. It is contended that applicants had filed aforesaid writ, which was
disposed of vide order dated 29.05.2025. Copy of the said order was
served to the opposite party through registered post on 23.06.2025, 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 29.05.2025 passed by this Court in Civil Misc. Writ Petition
No.66040 of 2013 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. 2654 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 23, 2026
SK Goswami
Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad
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