Allahabad High Court
BHIKHARIversusAKANSHA MISHRA SUB-DIVISIONAL MAGISTRATE TEHSIL- TAMKUHIRAJ
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that although a prima facie case of contempt existed, it would not issue a notice and instead granted the opposite party three months to comply, disposing of the contempt application at this stage.
Summary
The applicant, Bhikhari, filed a contempt application under Section 12 of the Contempt of Courts Act alleging that the opposite party, Sub‑Divisional Magistrate Akansha Mishra, willfully disobeyed the judgment and order dated 18‑02‑2026 in Writ Petition No. 41565 of 2025. The order was served on 09‑03‑2026, but according to the applicant, the opposite party had not complied. The High Court observed that a prima facie case of contempt existed but declined to issue a notice at this stage. Instead, the Court directed the applicant to provide stamped envelopes for service and granted the opposite party an additional three months to comply with the order. The Court further directed that the opposite party must inform the applicant of compliance within a week of receiving the order. The application was disposed of without a contempt finding, leaving open the possibility of a fresh application if non‑compliance persists.
Issues considered
- Whether the opposite party's failure to comply with the order constitutes contempt under Section 12 of the Contempt of Courts Act
- Whether a notice should be issued before proceeding with contempt proceedings
- What appropriate relief or procedural direction should be granted in a contempt application at the preliminary stage
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt of court
- Section 12
- willful disobedience
- High Court of Allahabad
- Writ Petition
- compliance order
- procedural direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2814 of 2026
Bhikhari
.....Applicant(s)
Versus
Akansha Mishra Sub-Divisional Magistrate Tehsil-
Tamkuhiraj .....Opposite
Party(s)
Counsel for Applicant(s) : Omkar Nath Rai
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 18.02.2026 passed by this
Court in Writ Petition No. 41565 of 2025.
3. It is contended that applicant had approached writ Court through
aforesaid writ petition, which was disposed of vide order dated
18.02.2026. Copy of the order of writ Court was served upon opposite
party on 09.03.2026 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 18.02.2026 passed by this Court in Writ Petition No. 41565 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
CAPL No. 2814 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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