Allahabad High Court
RAJENDRAS NOSEGAY SCHOOL AND ANOTHERversusSHRI. ANUBHAV SINGH, VICE CHAIRMAN, MORADABAD DEVELOPMENT AUTHORITY
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court held that although a prima facie case of contempt exists, it will not issue a notice and instead grants the opposite party three months to comply, disposing of the contempt application at this stage.
Summary
The applicant, Rajendras Nosegay School, filed a contempt application under Section 12 of the Contempt of Courts Act alleging that the opposite party, Shri Anubhav Singh, willfully disobeyed the High Court's order dated 22‑04‑2025 in Writ Petition No. 6899 of 2025. The order had been served on 03‑05‑2025, but the opposite party had not complied. The Court observed that a prima facie case of contempt existed but chose not to issue a notice at this stage. Instead, it granted the opposite party three months from the production of a certified copy of the order to comply, and directed procedural steps for serving the order and contempt application. The Court further directed that if compliance is not achieved, the applicant may approach the Court again, and disposed of the contempt application for the time being.
Issues considered
- Whether the opposite party's failure to comply with the order dated 22‑04‑2025 amounts to contempt of court under Section 12 of the Contempt of Courts Act.
- Whether the Court should issue a notice to the opposite party 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. - 2774 of 2026
Rajendras Nosegay School And Another
.....Applicant(s)
Versus
Shri. Anubhav Singh, Vice Chairman, Moradabad
Development Authority .....Opposite
Party(s)
Counsel for Applicant(s) : Ashish Agrawal, Uttam 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 22.04.2025 passed by this
Court in Writ Petition No. 6899 of 2025.
3. It is contended that applicant had approached writ Court through
aforesaid writ petition, which was disposed of vide order dated
22.04.2025. Copy of the order of writ Court was served upon opposite
party on 03.05.2025 personally, but according to the applicant, the said
order 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 22.04.2025 passed by this Court in Writ Petition No. 6899 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 two weeks 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 application to the opposite party within one week thereafter
and keep a record thereof.
CAPL No. 2774 of 2026
2
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.)
May 6, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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