Allahabad High Court
MAA GANGA AARTI SEVA EVAM TEERTH PUROHIT GHATYA SAMITIversusRISHIRAJ, MAGH MELA ADHIKARI
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
While a prima facie case of contempt exists, the court adjourned the matter and granted the opposite party three months to comply before any contempt proceedings can proceed.
Summary
The applicant filed a contempt application under Section 12 of the Contempt of Courts Act, alleging that the opposite party willfully disobeyed the judgment and order dated 22‑01‑2026 passed in Writ Petition No. 2297 of 2026. The order had been personally served on the opposite party on 30‑01‑2026, but the applicant claimed that it remained unimplemented. The court observed that a prima facie case of contempt existed but, without issuing a formal notice, directed that the opposite party be given an additional three months to comply and prescribed the procedure for serving the order. The applicant was instructed to furnish a stamped registered envelope and a self‑addressed envelope for the court to forward the order and contempt application to the opposite party. The court further directed the opposite party to comply with the writ court’s directions and inform the applicant within a week of compliance. 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
- Does the opposite party's failure to comply with the writ court's order constitute contempt of court under Section 12 of the Contempt of Courts Act?
- Is it necessary to issue a formal notice to the opposite party before initiating contempt proceedings?
- What interim relief or procedural direction can the court grant pending compliance?
Legislation cited
- Contempt of Courts Act, 1971 — s. 12
Subjects
- contempt
- willful disobedience
- writ petition
- court order compliance
- Section 12
- Contempt of Courts Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2810 of 2026
Maa Ganga Aarti Seva Evam Teerth Purohit
Ghatya Samiti .....Applicant(s)
Versus
Rishiraj, Magh Mela Adhikari
.....Opposite
Party(s)
Counsel for Applicant(s) : Amit Goswami, Ram Prakash
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 22.01.2026 passed by this
Court in Writ Petition No. 2297 of 2026.
3. It is contended that applicant had approached writ Court through
aforesaid writ petition, which was disposed of vide order dated
22.01.2026. Copy of the order of writ Court was served upon opposite
party on 30.01.2026 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 22.01.2026 passed by this Court in Writ Petition No. 2297 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
and keep a record thereof.
CAPL No. 2810 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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