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Allahabad High Court

RAM BILAS DOHAREYversusSAMUEL PAUL N AND ANOTHER

Decided

Holding

The court held that although a prima facie case of contempt existed, the respondents were given a further three‑month period to comply before any contempt proceedings could be advanced.

Summary

The applicant, Ram Bilas Doharey, filed a contempt application under Section 12 of the Contempt of Courts Act seeking to punish the respondents for willful disobedience of a judgment dated 11‑12‑2025 in Writ Petition No.18663 of 2025. The court noted that a certified copy of the order had been served to the respondents on 13‑01‑2026 but the directions remained unimplemented. While the court found a prima facie case of contempt, it declined to issue a notice at this stage and instead granted the respondents an additional three months to comply. The court directed the applicant to provide stamped envelopes for service of the order and for the respondents to acknowledge compliance within stipulated time‑frames. It further held that if the respondents fail to comply, the applicant may approach the court again. Consequently, the contempt application was disposed of without imposing any penalty, pending further compliance.

Issues considered

  • Whether the respondents’ failure to comply with the order dated 11‑12‑2025 constitutes willful disobedience punishable as contempt under Section 12 of the Contempt of Courts Act.

Legislation cited

Subjects

  • contempt of court
  • willful disobedience
  • execution of judgment
  • procedural compliance
  • High Court

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
             CONTEMPT APPLICATION (CIVIL) No. - 2672 of 2026

Ram Bilas Doharey
                                                                 .....Applicant(s)
                                    Versus

Samuel Paul N And Another
                                                                    .....Opposite
                                                                          Party(s)

Counsel for Applicant(s)           : Archit Mishra, Saurabh Chaturvedi
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 11.12.2025 passed by this
Court in Writ Petition No.18663 of 2025.

3. It is contended that applicant had filed aforesaid writ, which was disposed
of vide order dated 11.12.2025. Copy of the said order was served to the
opposite party personally on 13.01.2026, 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 11.12.2025 passed by this Court in Writ Petition No.18663 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
the self-addressed envelope of the applicant with a copy of contempt
                                                                                             CAPL No. 2672 of 2026
                                                                    2


                                    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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