Allahabad High Court
SHAHEED KHANversusAVINASH SINGH, DISTRICT MAGISTRATE, BAREILLY
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court found a prima facie case of contempt but disposed of the application, granting the respondent time to comply with the original order.
Summary
Shaheed Khan filed a contempt application under Section 12 of the Contempt of Courts Act against Avinash Singh, District Magistrate, alleging willful disobedience of a judgment dated 12‑12‑2025 in Writ Petition No. 43931 of 2025. The order was served on 24‑12‑2025 but, according to the applicant, remained unimplemented. The court observed that a prima facie case of contempt existed but declined to issue a notice at this stage. Instead, it granted the opposite party three months to comply with the original order and directed the applicant to provide stamped envelopes for service of the contempt application. The opposite party was instructed to comply and inform the applicant within a week of receipt, with a further opportunity for the applicant to approach the court if compliance fails. The contempt application was therefore disposed of pending compliance.
Issues considered
- Whether the respondent’s failure to comply with the order dated 12‑12‑2025 constitutes willful disobedience attracting contempt under Section 12 of the Contempt of Courts Act.
- Whether a notice should be issued to the respondent before proceeding with contempt proceedings.
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt of court
- willful disobedience
- Section 12
- High Court
- compliance order
- procedural direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2792 of 2026
Shaheed Khan
.....Applicant(s)
Versus
Avinash Singh, District Magistrate, Bareilly
.....Opposite
Party(s)
Counsel for Applicant(s) : Gaurav Sisodia
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 12.12.2025 passed by this
Court in Writ Petition No. 43931 of 2025.
3. It is contended that applicant had approached writ Court through
aforesaid writ petition, which was disposed of vide order dated
12.12.2025. Copy of the order of writ Court was served upon opposite
party on 24.12.2025 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 12.12.2025 passed by this Court in Writ Petition No. 43931 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. 2792 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
Checking your session…