Allahabad High Court
JAYRAM SINGHversusSHRI PRATAP SINGH BAGHEL
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that while a prima facie case of contempt exists, the matter should be deferred by granting the opposite party time to comply, and the contempt application is disposed of at this stage.
Summary
The applicant, Jayram Singh, filed a contempt application under Section 12 of the Contempt of Courts Act alleging that the opposite party, Shri Pratap Singh Baghel, willfully disobeyed a judgment dated 19‑11‑2025 in Writ Petition No. 17039 of 2025. The order was served on the opposite party on 17‑12‑2025, but the court was informed that compliance had not occurred. The court examined whether a prima facie case existed for contempt and whether procedural steps, such as issuing a notice, were required at this stage. Finding a prima facie case, the court nonetheless refrained from issuing a notice, instead granting the opposite party three months to comply and directing the applicant to provide stamped envelopes for service. The court ordered that the order be sent to the opposite party and that compliance be reported within a week thereafter. It further held that if compliance is not achieved, the applicant may approach the court again, and the contempt application was disposed of pending compliance.
Issues considered
- Whether the filing of a contempt application under Section 12 of the Contempt of Courts Act is justified on the basis of alleged willful disobedience of a court order.
- Whether a notice to the opposite party is mandatory before proceeding with contempt proceedings.
Legislation cited
- Contempt of Courts Act, 1971 — s. 12
Subjects
- contempt of court
- willful disobedience
- court order compliance
- Section 12 Contempt of Courts Act
- procedural direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2787 of 2026
Jayram Singh
.....Applicant(s)
Versus
Shri Pratap Singh Baghel
.....Opposite
Party(s)
Counsel for Applicant(s) : Seemant 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 19.11.2025 passed by this
Court in Writ Petition No. 17039 of 2025.
3. It is contended that applicant had approached writ Court through
aforesaid writ petition, which was disposed of vide order dated
19.11.2025. Copy of the order of writ Court was served upon opposite
party on 17.12.2025 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 19.11.2025 passed by this Court in Writ Petition No. 17039 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. 2787 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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