Allahabad High Court
SMT MAMTAversusDR VIJAY KUMAR SINGH AND 2 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
A prima facie case of willful disobedience exists, but the Court refrains from issuing notice and instead grants time for compliance before proceeding with contempt.
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 21‑11‑2025 in Writ Petition No. 17564 of 2025. The order had been served on the opposite party on 12‑12‑2025, but compliance was not forthcoming. The Court found a prima facie case of willful disobedience but chose not to issue a notice at this stage. Instead, it granted the opposite party three months to comply and directed the applicant to provide stamped envelopes for service of the order and contempt application. The opposite party was instructed to comply and inform the applicant within a week of receipt. The Court held that if compliance is not achieved, the applicant may approach the Court again, and the contempt application was disposed of pending further compliance.
Issues considered
- Does the opposite party's failure to comply with the Court's order amount to contempt under Section 12 of the Contempt of Courts Act?
- Should a notice be issued to the opposite party before proceeding with contempt proceedings?
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt
- willful disobedience
- order compliance
- High Court
- procedural directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2971 of 2026
Smt Mamta
.....Applicant(s)
Versus
Dr Vijay Kumar Singh And 2 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Sanjay 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 21.11.2025 passed by this
Court in Writ Petition No. 17564 of 2025.
3. It is contended that applicant had approached writ Court through
aforesaid writ petition, which was disposed of vide order dated
21.11.2025. Copy of the order of writ Court was served upon opposite
party on 12.12.2025 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 21.11.2025 passed by this Court in Writ Petition No. 17564 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. 2971 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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