Allahabad High Court
RAM GOPAL PATHAKversusSMT MEDHA ROOPAM
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court did not proceed with contempt proceedings but granted the opposite party additional time to comply and disposed of the application at this stage.
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 09-10-2025 in Writ Petition No. 28198 of 2025. The order was served to the opposite party on 08-11-2025, but compliance was not forthcoming. The court found a prima facie case for contempt but, noting the absence of a notice, directed that the opposite party be given an additional three months to comply. The applicant was instructed to provide stamped envelopes for service of the order, and the court ordered 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 disposed of pending further compliance.
Issues considered
- Whether the opposite party's failure to comply with the order constitutes contempt under Section 12 of the Contempt of Courts Act.
- Whether notice is required before proceeding with contempt proceedings.
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt of court
- willful disobedience
- Section 12
- High Court of Allahabad
- Writ Petition
- compliance order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2678 of 2026
Ram Gopal Pathak
.....Applicant(s)
Versus
Smt Medha Roopam
.....Opposite
Party(s)
Counsel for Applicant(s) : Gaurav Dwivedi
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 09.10.2025 passed by this
Court in Writ Petition No.28198 of 2025.
3. It is contended that applicant had filed aforesaid writ, which was disposed
of vide order dated 09.10.2025. Copy of the said order was served to the
opposite party personally on 08.11.2025, 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 09.10.2025 passed by this Court in Writ Petition No.28198 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. 2678 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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