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Allahabad High Court

ISHWARPAL AND 4 OTHERSversusMR AJEET KUMAR SINGH

Decided

Holding

The court held that although a prima facie case of willful disobedience existed, the contempt application should be stayed pending a further opportunity for the opposite party to comply with the original order.

Summary

Ishwarpal and four others filed a contempt application under Section 12 of the Contempt of Courts Act, alleging that Ajeet Kumar Singh willfully disobeyed the judgment and order dated 22 May 2025 in Writ Petition No. 15553 of 2025. The order was served on the opposite party on 21 June 2025 but, according to the applicant, remained unimplemented. The court observed that a prima facie case of willful disobedience existed but, without issuing a notice, granted the opposite party an additional three months to comply. It directed the applicant to provide stamped envelopes for service of the order and ordered the court to send the contempt application to the opposite party. The opposite party was instructed to comply with the writ court’s directions 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 the contempt application was disposed of at this stage.

Issues considered

  • Whether a contempt application under Section 12 of the Contempt of Courts Act is maintainable when the opposite party allegedly disobeys a prior court order.
  • Whether notice to the opposite party is required before proceeding with contempt proceedings.
  • What procedural steps are appropriate to ensure compliance with the original order before adjudicating contempt.

Legislation cited

Subjects

  • Contempt of Courts Act
  • Willful disobedience
  • Writ petition
  • Compliance order
  • Procedural direction
  • Section 12

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CONTEMPT APPLICATION (CIVIL) No. - 2807 of 2026

Ishwarpal And 4 Others
                                                          .....Applicant(s)
                                  Versus

Mr Ajeet Kumar Singh
                                                             .....Opposite
                                                                   Party(s)

Counsel for Applicant(s)                       :    Neeraj Shukla
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 22.05.2025 passed by this
Court in Writ Petition No. 15553 of 2025.
3. It is contended that applicant had approached writ Court through
aforesaid writ petition, which was disposed of vide order dated
22.05.2025. Copy of the order of writ Court was served upon opposite
party on 21.06.2025 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 22.05.2025 passed by this Court in Writ Petition No. 15553 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. 2807 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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