Allahabad High Court
UPENDRA NARAYAN SINGHversusSATYAPAL PRASAD, DIVISIONAL LOGGING MANAGER, U.P. FOREST CORPORATION, RENUKOOT
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
A prima facie case of contempt exists, but the court deferred punitive action by granting the opposite party time to comply with the original order.
Summary
The applicant, Upendra Narayan Singh, filed a contempt application under Section 12 of the Contempt of Courts Act alleging that the opposite party, Satyapal Prasad, willfully disobeyed the judgment and order dated 29‑01‑2026 in Writ Petition No. 1036 of 2026. The order had been served on the opposite party on 06‑02‑2026, but the applicant claimed it remained unimplemented. The court examined whether a prima facie case existed for contempt and whether procedural notice was required before imposing punishment. Finding that a prima facie case existed, the court nonetheless refrained from issuing a notice, instead granting the opposite party three months to comply after a certified copy of the order is produced. The court directed the applicant to provide stamped envelopes for service of the order and contempt application, and ordered the opposite party to comply and inform the applicant within a week of receipt. The court held that if compliance is not achieved, the applicant may approach the court again, and disposed of the contempt application at this stage.
Issues considered
- Whether the opposite party’s failure to comply with the order constitutes willful disobedience attracting contempt under Section 12 of the Contempt of Courts Act.
- Whether a notice is required before proceeding with contempt proceedings.
Legislation cited
- Contempt of Courts Act, 1971 — s. 12
Subjects
- contempt of court
- willful disobedience
- order compliance
- Section 12
- procedural directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2801 of 2026
Upendra Narayan Singh
.....Applicant(s)
Versus
Satyapal Prasad, Divisional Logging Manager, U.P.
Forest Corporation, Renukoot .....Opposite
Party(s)
Counsel for Applicant(s) : Himanshu Singh, J.P. 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 29.01.2026 passed by this
Court in Writ Petition No. 1036 of 2026.
3. It is contended that applicant had approached writ Court through
aforesaid writ petition, which was disposed of vide order dated
29.01.2026. Copy of the order of writ Court was served upon opposite
party on 06.02.2026 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 29.01.2026 passed by this Court in Writ Petition No. 1036 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
of contempt application to the opposite party within one week thereafter
CAPL No. 2801 of 2026
2
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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