Allahabad High Court
RANVEER AND ANOTHERversusSRI CHANDRA BHUSHAN PRATAP, SUB DIVISIONAL MAGISTRATE
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
A prima facie case of contempt exists, but the Court refrains from issuing notice and instead grants the opposite party further 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 28‑08‑2025 in Writ Petition No. 29588 of 2025. The order was served on the opposite party on 29‑10‑2025, but the applicant claimed it remained unimplemented. The Court observed that a prima facie case of contempt existed but declined to issue a notice at this stage. Instead, it directed the applicant to provide stamped envelopes for service and granted the opposite party an additional three months to comply with the original order. The Court further ordered that the opposite party must inform the applicant of compliance within a week of receiving the copy, and if compliance fails, the applicant may approach the Court again. The contempt application was therefore disposed of pending compliance.
Issues considered
- Does the opposite party's failure to comply with the order dated 28‑08‑2025 amount to contempt of court under Section 12 of the Contempt of Courts Act?
- Should the Court issue a notice to the opposite party before proceeding with contempt proceedings?
Legislation cited
- Contempt of Courts Act, 1971 — s. 12
Subjects
- contempt of court
- willful disobedience
- Section 12
- High Court
- procedural directions
- compliance order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2870 of 2026
Ranveer And Another
.....Applicant(s)
Versus
Sri Chandra Bhushan Pratap, Sub Divisional
Magistrate .....Opposite
Party(s)
Counsel for Applicant(s) : Manish Kumar Pathak
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 28.08.2025 passed by this
Court in Writ Petition No. 29588 of 2025.
3. It is contended that applicant had approached writ Court through
aforesaid writ petition, which was disposed of vide order dated
28.08.2025. Copy of the order of writ Court was served upon opposite
party on 29.10.2025 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 28.08.2025 passed by this Court in Writ Petition No. 29588 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
and keep a record thereof.
CAPL No. 2870 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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