Allahabad High Court
VINDHYAVASINI PRASAD TIWARIversusPAWAN KUMAR GANGWAR-DISTRICT MAGISTRATE
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court did not find contempt and ordered further time for compliance, disposing of the contempt application at this stage.
Summary
A contempt application was filed under Section 12 of the Contempt of Courts Act against the District Magistrate for allegedly willfully disobeying a judgment dated 12‑01‑2026 in Writ Petition No. 19339 of 2025. The applicant claimed the order was served on 19‑01‑2026 but remained unimplemented. The court observed that a prima facie case existed but, without issuing notice, directed the opposite party to be given three months to comply after a certified copy of the order is produced. The applicant was instructed to provide stamped envelopes for service, and the court ordered the opposite party to inform the applicant of compliance within a week thereafter. The court held that if compliance is not achieved, the applicant may approach the court again, and disposed of the contempt application at this stage.
Issues considered
- Whether the opposite party's failure to comply with the order constitutes contempt of court under Section 12 of the Contempt of Courts Act.
- Whether notice to the opposite party is required before proceeding with contempt proceedings.
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt of court
- willful disobedience
- Section 12
- High Court of Allahabad
- writ petition
- compliance order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2967 of 2026
Vindhyavasini Prasad Tiwari
.....Applicant(s)
Versus
Pawan Kumar Gangwar-District Magistrate
.....Opposite
Party(s)
Counsel for Applicant(s) : Smt. Chandra Kala Chaturvedi, Vivek
Chaturvedi
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 12.01.2026 passed by this
Court in Writ Petition No. 19339 of 2025.
3. It is contended that applicant had approached writ Court through
aforesaid writ petition, which was disposed of vide order dated
12.01.2026. Copy of the order of writ Court was served upon opposite
party on 19.01.2026 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 12.01.2026 passed by this Court in Writ Petition No. 19339 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. 2967 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 5, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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