Allahabad High Court
NOUBHAT SINGH AND ANOTHERversusSHRI ARVIND MALLAPPA BANGARI, DISTRICT MAGISTRATE
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
A prima facie case of contempt exists, but the Court may defer notice and grant the opposite party a further period to comply with the original order.
Summary
The applicants, Noubhat Singh and another, filed a contempt application under Section 12 of the Contempt of Courts Act, alleging that the District Magistrate, Arvind Mallappa Bangari, willfully disobeyed the High Court’s order dated 19‑12‑2025 in Civil Misc. Writ Petition No. 39347 of 2025. The order had been personally served on 07‑02‑2026 but remained unimplemented. The Court examined whether a prima facie case of contempt existed and whether notice should be issued. It held that a prima facie case was made out but, instead of issuing notice, granted the opposite party an additional three‑month period to comply, subject to procedural steps for service of the order. The application was therefore disposed of, with directions that the applicants supply stamped envelopes for service and that the opposite party comply within the stipulated time, failing which the applicants may approach the Court again.
Issues considered
- Whether the District Magistrate’s failure to comply with the Court’s order constitutes willful disobedience punishable under Section 12 of the Contempt of Courts Act
- Whether a notice should be issued before proceeding with contempt proceedings
Legislation cited
- Contempt of Courts Act, 1971 — s. 12
Subjects
- Contempt of Courts Act
- Section 12
- Willful disobedience
- Court order compliance
- Civil Misc. Writ Petition
- High Court of Judicature at Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2665 of 2026
Noubhat Singh And Another
.....Applicant(s)
Versus
Shri Arvind Mallappa Bangari, District Magistrate
.....Opposite
Party(s)
Counsel for Applicant(s) : Pankaj Dubey, Rishu Mishra
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 19.12.2025 passed by this
Court in Civil Misc. Writ Petition No.39347 of 2025.
3. It is contended that applicants had filed aforesaid writ, which was
disposed of vide order dated 19.12.2025. Copy of the said order was
served to the opposite party personally on 07.02.2026, 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 19.12.2025 passed by this Court in Civil Misc. Writ Petition
No.39347 of 2025 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
office within one week from today. The office shall send a copy of this
CAPL No. 2665 of 2026
2
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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