Allahabad High Court
PITAMBARversusSATYENDRA SINGH, SUB DIVISIONAL MAGISTRATE, TEHSIL HARAIYA
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
A prima facie case of willful disobedience exists, but the Court adjourns contempt proceedings and grants the opposite party further time to comply before taking any punitive action.
Summary
The applicant filed a contempt application under Section 12 of the Contempt of Courts Act, alleging that the opposite party willfully disobeyed the High Court's order dated 19‑01‑2024 in Writ Petition No. 45229 of 2023. The order had been served on 13‑02‑2024, but the opposite party had not complied. The Court observed that a prima facie case of willful disobedience existed, but it declined to issue a notice at this stage. Instead, the Court granted the opposite party three months to comply with the order and directed the applicant to provide stamped envelopes for service of the order and contempt application. The opposite party was instructed 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 the contempt application was disposed of for the time being.
Issues considered
- Whether the opposite party's failure to comply with the order dated 19‑01‑2024 amounts to willful disobedience punishable under Section 12 of the Contempt of Courts Act.
- Whether a notice should be issued 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. - 2825 of 2026
Pitambar
.....Applicant(s)
Versus
Satyendra Singh, Sub Divisional Magistrate, Tehsil
Haraiya .....Opposite
Party(s)
Counsel for Applicant(s) : Sanjeev Kumar Yadav
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 19.01.2024 passed by this
Court in Writ Petition No. 45229 of 2023.
3. It is contended that applicant had approached writ Court through
aforesaid writ petition, which was disposed of vide order dated
19.01.2024. Copy of the order of writ Court was served upon opposite
party on 13.02.2024 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 19.01.2024 passed by this Court in Writ Petition No. 45229 of
2023 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. 2825 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 7, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
Checking your session…