Allahabad High Court
SMT. REENA CHATTERJEEversusSRI RISHI RAJ-VICE CHAIRMAN, PRAYAGRAJ DEVELOPMENT AUTHORITY
- 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 original order before any further contempt proceedings.
Summary
The applicant, Smt. Reena Chatterjee, filed a contempt application under Section 12 of the Contempt of Courts Act against the Vice Chairman of the Prayagraj Development Authority for allegedly willfully disobeying a judgment dated 05‑12‑2025 in Writ Petition No. 18122 of 2025. The original order was served on the opposite party on 11‑12‑2025, but compliance had not been achieved. The court observed that a prima facie case of contempt existed but, without issuing a notice, granted the opposite party an additional three months to comply and prescribed a procedure for serving the order via stamped envelopes. The court directed the applicant to provide the necessary envelopes and stipulated that the opposite party must comply and inform the applicant within a week thereafter. If compliance fails, the applicant may approach the court again. The contempt application was therefore disposed of at this stage.
Issues considered
- Whether the opposite party’s failure to comply with the order constitutes willful disobedience warranting contempt proceedings under Section 12 of the Contempt of Courts Act.
- Whether a notice is required before proceeding with contempt proceedings.
- Whether the court can grant a further period for compliance before entertaining contempt.
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt
- willful disobedience
- Section 12
- Contempt of Courts Act
- Writ Petition
- compliance
- notice
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2664 of 2026
Smt. Reena Chatterjee
.....Applicant(s)
Versus
Sri Rishi Raj-Vice Chairman, Prayagraj
Development Authority .....Opposite
Party(s)
Counsel for Applicant(s) : Prajjwal Tyagi, Sanjeev Kumar Tyagi
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 05.12.2025 passed by this
Court in Writ Petition No.18122 of 2025.
3. It is contended that applicant had filed aforesaid writ, which was disposed
of vide order dated 05.12.2025. Copy of the said order was served to the
opposite party personally on 11.12.2025, 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 05.12.2025 passed by this Court in Writ Petition No.18122 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. 2664 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
Checking your session…