Allahabad High Court
RAVINDRA YADAVversusAJEET KUMAR SINGH
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that while a prima facie case of contempt exists, it will not issue a notice but instead grant the opposite party additional time to comply with the original 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 order dated 19 September 2024 in Writ Petition No. 1840 of 2024. The order had been served on 1 October 2024, but the opposite party had not complied. The court found a prima facie case of contempt but chose not to issue a notice at this stage. Instead, it granted the opposite party three months to comply with the original order and directed the applicant to provide stamped envelopes for service of the contempt application. The opposite party was instructed to comply and inform the applicant within a week of receipt. If compliance fails, the applicant may approach the court again. The contempt application was therefore disposed of pending further compliance.
Issues considered
- Whether the opposite party's failure to comply with the High Court's order amounts to contempt under Section 12 of the Contempt of Courts Act.
- Whether the court should issue a notice and proceed with contempt proceedings at this stage.
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt
- willful disobedience
- order compliance
- Section 12
- High Court
- procedural directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2828 of 2026
Ravindra Yadav
.....Applicant(s)
Versus
Ajeet Kumar Singh
.....Opposite
Party(s)
Counsel for Applicant(s) : Anand Kumar Pandey, Narendra
Kumar
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 19.09.2024 passed by this
Court in Writ Petition No. 1840 of 2024.
3. It is contended that applicant had approached writ Court through
aforesaid writ petition, which was disposed of vide order dated
19.09.2024. Copy of the order of writ Court was served upon opposite
party on 01.10.2024 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 19.09.2024 passed by this Court in Writ Petition No. 1840 of
2024 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. 2828 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
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