Allahabad High Court
GOMTIversusMRS. MONIKA (BASIK SIKSHA ADHIKARI) AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
A prima facie case of willful disobedience exists, but the court refrains from initiating contempt proceedings, granting the opposite party further time to comply.
Summary
The applicant filed a contempt application under Section 12 of the Contempt of Courts Act, alleging that the opposite party willfully disobeyed a judgment dated 29‑08‑2025 in Writ Petition No.11704 of 2025. The order was served on 17‑10‑2025, but the opposite party had not complied. The court found a prima facie case of contempt but, instead of issuing notice, granted the opposite party an additional three months to comply and directed procedural steps for serving the order. The applicant was instructed to provide stamped envelopes for service, and the opposite party was required to comply and inform the applicant within a week of receipt. The court held that if compliance is not achieved, the applicant may approach the court again, and the contempt application was disposed of at this stage.
Issues considered
- Does the opposite party's failure to comply with the court's order amount to contempt under Section 12 of the Contempt of Courts Act?
- Is it necessary to issue a notice to the opposite party before proceeding with contempt proceedings?
- Can the court defer contempt proceedings by granting additional time for compliance?
Legislation cited
- Contempt of Courts Act, 1971 — s. 12
Subjects
- contempt of court
- willful disobedience
- Section 12
- High Court of Allahabad
- compliance order
- procedural direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2655 of 2026
Gomti
.....Applicant(s)
Versus
Mrs. Monika (Basik Siksha Adhikari) And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Brijesh Kumar Chaturvedi, Shri Ram
Pandey
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 29.08.2025 passed by this
Court in Writ Petition No.11704 of 2025.
3. It is contended that applicant had filed aforesaid writ, which was disposed
of vide order dated 29.08.2025. Copy of the said order was served to the
opposite party through registered post on 17.10.2025, 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 29.08.2025 passed by this Court in Writ Petition No.11704 of 2025
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
CAPL No. 2655 of 2026
2
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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