Allahabad High Court
SHAKUNTLA DEVIversusM. ARUNMOZHI, PRESENTLY POSTED AS VICE PRESIDENT, AGRA DEVELOPMENT AUTHORITY, JAIPUR HOUSE, AGRA
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that although a prima facie case of contempt existed, it would not issue a notice but instead grant the opposite party a further three months to comply with the original order.
Summary
The applicant, Shakuntla Devi, filed a contempt application under Section 12 of the Contempt of Courts Act alleging that the opposite party, M. Arunmozhi, willfully disobeyed a judgment dated 09‑01‑2026 in Writ Petition No. 203 of 2026. The order was served on the opposite party on 17‑01‑2026, but the court found that compliance had not been achieved. While the court recognized a prima facie case of contempt, it chose not to issue a notice at this stage and instead granted the opposite party an additional three months to comply. The court directed the applicant to provide stamped envelopes for service of the order and a self‑addressed envelope for the opposite party’s response. The opposite party was instructed to comply with the original writ order and inform the applicant within a week of receipt. If compliance fails, the applicant may approach the court again. The contempt application was therefore disposed of pending further compliance.
Issues considered
- What constitutes willful disobedience of a court order under Section 12 of the Contempt of Courts Act?
- Whether the court should issue a notice of contempt at the preliminary stage or grant time for compliance?
Legislation cited
- Contempt of Courts Act, 1971 — s. 12
Subjects
- contempt of court
- willful disobedience
- Section 12
- execution of judgment
- procedural directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2785 of 2026
Shakuntla Devi
.....Applicant(s)
Versus
M. Arunmozhi, Presently Posted As Vice
President, Agra Development Authority, Jaipur
House, Agra .....Opposite
Party(s)
Counsel for Applicant(s) : Kunwar Mayank 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 09.01.2026 passed by this
Court in Writ Petition No. 203 of 2026.
3. It is contended that applicant had approached writ Court through
aforesaid writ petition, which was disposed of vide order dated
09.01.2026. Copy of the order of writ Court was served upon opposite
party on 17.01.2026 through registered post, 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 09.01.2026 passed by this Court in Writ Petition No. 203 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 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
CAPL No. 2785 of 2026
2
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 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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