Allahabad High Court
AVADHESH GARGversusMR. PULKIT GARG, DISTRICT MAGISTRATE
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
A prima facie case of willful disobedience exists, but the Court refrains from issuing a contempt notice and instead grants the opposite party a further three months to comply.
Summary
The applicant filed a contempt application under Section 12 of the Contempt of Courts Act, alleging that the opposite party wilfully disobeyed the High Court's order dated 29‑01‑2026 in Writ Petition No. 1641 of 2026. The order was served on 09‑02‑2026, but the opposite party had not complied. The Court observed that a prima facie case of contempt existed but, instead of issuing a notice, directed that the opposite party be given an additional three months to comply, subject to procedural steps involving stamped envelopes. The Court also instructed the applicant to provide the necessary envelopes for service of the order and contempt application. If compliance is not achieved, the applicant may approach the Court again. The contempt application was therefore disposed of at this stage.
Issues considered
- Whether the opposite party's failure to comply with the Court's order amounts to contempt under Section 12 of the Contempt of Courts Act.
- Whether a notice is required before proceeding with contempt proceedings in the present circumstances.
Legislation cited
- Contempt of Courts Act, 1971 — s. 12
Subjects
- contempt
- willful disobedience
- Section 12
- Writ Petition
- compliance
- High Court
- procedural directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2846 of 2026
Avadhesh Garg
.....Applicant(s)
Versus
Mr. Pulkit Garg, District Magistrate
.....Opposite
Party(s)
Counsel for Applicant(s) : Manoj Kumar Srivastava, Pramod
Kumar Srivastava
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 29.01.2026 passed by this
Court in Writ Petition No. 1641 of 2026.
3. It is contended that applicant had approached writ Court through
aforesaid writ petition, which was disposed of vide order dated
29.01.2026. Copy of the order of writ Court was served upon opposite
party on 09.02.2026 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 29.01.2026 passed by this Court in Writ Petition No. 1641 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
CAPL No. 2846 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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