Allahabad High Court
AMAR NATH YADAVversusPRATIBHA MISHRA
- 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 time to comply with the 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 judgment and order dated 14‑01‑2026 passed in Writ Petition No. 34981 of 2025. The order was served on the opposite party on 23‑01‑2026, but the court found that the party had not complied. While the court held that a prima facie case of contempt existed, it declined to issue a notice at this stage and instead granted the opposite party three months to comply, directing the applicant to provide stamped envelopes for service of the order. The court also prescribed that the opposite party must intimate compliance to the applicant within a week of receiving the order. If compliance is not achieved, the applicant may approach the court again. The contempt application was therefore disposed of without further proceedings.
Issues considered
- Whether the opposite party’s failure to comply with the order constitutes willful disobedience amounting to contempt under Section 12 of the Contempt of Courts Act
- Whether the court should issue a notice to the opposite party in a contempt proceeding at this stage
- What procedural measures are appropriate to ensure compliance with the writ court’s order
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt
- willful disobedience
- Section 12
- Contempt of Courts Act
- writ petition
- compliance
- procedural directions
- High Court of Judicature at Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2985 of 2026
Amar Nath Yadav
.....Applicant(s)
Versus
Pratibha Mishra
.....Opposite
Party(s)
Counsel for Applicant(s) : Kailash Pati Singh Yadav, Swapnil
Singh
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 14.01.2026 passed by this
Court in Writ Petition No. 34981 of 2025.
3. It is contended that applicant had approached writ Court through
aforesaid writ petition, which was disposed of vide order dated
14.01.2026. Copy of the order of writ Court was served upon opposite
party on 23.01.2026 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 14.01.2026 passed by this Court in Writ Petition No. 34981 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. 2985 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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