Allahabad High Court
HARI KISHORE SHARMAversusZAHEER ALAM, THE PRINCIPLE, GOVERNMENT INDUSTRIAL TRAINING INSTITUTE AND 4 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that although a prima facie case of contempt existed, the opposite party must be given further time and proper notice to comply before contempt can be punished.
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 10‑11‑2025 in Writ Petition No.11756 of 2025. The order was served to the opposite party on 10‑12‑2025, but compliance had not been achieved. The court observed that a prima facie case of contempt existed but noted that no notice had been issued to the opposite party. Consequently, the court granted the opposite party an additional three months to comply, subject to procedural steps involving stamped envelopes. The applicant was directed to provide the necessary envelopes, after which the court would forward the order to the opposite party. The contempt application was therefore disposed without imposing any penalty, pending further compliance.
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?
Legislation cited
- Contempt of Courts Act, 1971 — s. 12
Subjects
- contempt of court
- willful disobedience
- judgment compliance
- Section 12
- procedural order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2660 of 2026
Hari Kishore Sharma
.....Applicant(s)
Versus
Zaheer Alam, The Principle, Government Industrial
Training Institute And 4 Others .....Opposite
Party(s)
Counsel for Applicant(s) : Ajit Kumar Singh
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 10.11.2025 passed by this
Court in Writ Petition No.11756 of 2025.
3. It is contended that applicant had filed aforesaid writ, which was disposed
of vide order dated 10.11.2025. Copy of the said order was served to the
opposite party through registered post on 10.12.2025, 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 10.11.2025 passed by this Court in Writ Petition No.11756 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. 2660 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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