Allahabad High Court
MASJID ABUBAKAR SIDDIQUEversusSHRI PUSHPARAJ SINGH AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
A prima facie case of contempt exists, but the court adjourns the matter and grants the opposite party three months to comply before proceeding.
Summary
The applicant filed a contempt application under Section 12 of the Contempt of Courts Act, alleging that the opposite party willfully disobeyed the judgment and order dated 17‑02‑2026 in Writ Petition No.6352 of 2026. The order was served on the opposite party on 19‑02‑2026, but compliance had not been achieved. The court found a prima facie case of contempt but chose not to issue a notice at this stage. Instead, it granted the opposite party an additional three months to comply, directing the applicant to provide stamped envelopes for service of the order. The court also stipulated that the opposite party must intimate compliance through the self‑addressed envelope within a week of receipt. If compliance is not achieved, the applicant may approach the court again. The contempt application was therefore disposed of pending further compliance.
Issues considered
- Whether the opposite party's failure to comply with the order dated 17‑02‑2026 amounts to contempt of court under Section 12 of the Contempt of Courts Act.
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt of court
- willful disobedience
- Section 12
- High Court of Allahabad
- procedural directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2688 of 2026
Masjid Abubakar Siddique
.....Applicant(s)
Versus
Shri Pushparaj Singh And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Amit Pratap 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 17.02.2026 passed by this
Court in Writ Petition No.6352 of 2026.
3. It is contended that applicant had filed aforesaid writ, which was disposed
of vide order dated 17.02.2026. Copy of the said order was served to the
opposite party personally on 19.02.2026, 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 17.02.2026 passed by this Court in Writ Petition No.6352 of 2026
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. 2688 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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