Allahabad High Court
ATAR SINGHversusDR. RAJ SHEKHAR (IAS) AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The contempt application is disposed without a finding of contempt, granting the opposite party time to comply with the earlier order.
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 judgment dated 12‑09‑2025 in Writ Petition No. 18392 of 2021. The order had been served on the opposite party on 13‑10‑2025, but the applicant claimed it remained unimplemented. The court found a prima facie case of contempt but, instead of issuing notice, granted the opposite party an additional three months to comply with the earlier order. The court directed the applicant to provide stamped envelopes for service of the order and contempt application, and ordered the court office to forward these documents to the opposite party. The opposite party was instructed to comply and inform the applicant within a week thereafter, with a further opportunity for the applicant to approach the court if compliance failed. The application was consequently disposed of at this stage without a contempt finding.
Issues considered
- Whether the opposite party's failure to comply with the judgment constitutes contempt under Section 12 of the Contempt of Courts Act.
- Whether notice should be issued before proceeding with contempt proceedings.
- What procedural steps are appropriate for enforcing compliance with the earlier judgment.
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt
- willful disobedience
- Section 12
- High Court
- Writ Petition
- compliance
- procedural order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2826 of 2026
Atar Singh
.....Applicant(s)
Versus
Dr. Raj Shekhar (Ias) And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sarvesh Kumar Pandey, Vinay Kumar
Tripathi
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 12.09.2025 passed by this
Court in Writ Petition No. 18392 of 2021.
3. It is contended that applicant had approached writ Court through
aforesaid writ petition, which was disposed of vide order dated
12.09.2025. Copy of the order of writ Court was served upon opposite
party on 13.10.2025 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 12.09.2025 passed by this Court in Writ Petition No. 18392 of
2021 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. 2826 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 7, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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