Allahabad High Court
RAMANAND YADAV @ GAMAAversusKESHAV KUMAR AND 2 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
A prima facie case of contempt exists, but the Court may defer contempt proceedings by granting the parties additional time to comply with its order.
Summary
The applicant filed a writ petition which was disposed by the High Court on 27 February 2026. A copy of the order was served to the opposite parties on 10 March 2026, but they failed to comply with the directions. The applicant then filed a contempt application under Section 12 of the Contempt of Courts Act alleging willful disobedience. The Court observed that a prima facie case of contempt existed but, without issuing a notice, granted the opposite parties an additional three months to comply with the order. The Court also directed the applicant to provide stamped envelopes for service of the order and contempt application, and instructed the opposite parties to comply and inform the applicant. The contempt application was therefore disposed pending compliance, with the applicant free to approach the Court again if the order remains unfulfilled.
Issues considered
- Whether the opposite parties' failure to comply with the Court's order amounts to contempt of court under Section 12 of the Contempt of Courts Act.
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt of court
- willful disobedience
- Section 12
- High Court of Allahabad
- writ petition
- procedural directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2994 of 2026
Ramanand Yadav @ Gamaa
.....Applicant(s)
Versus
Keshav Kumar And 2 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Anil Kumar Yadav, Prakash Chandra
Gupta
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 27.02.2026 passed by this
Court in Writ Petition No.2014 of 2026.
3. It is contended that applicant had filed aforesaid writ, which was disposed
of vide order dated 27.02.2026. Copy of the said order was served to the
opposite party through registered post on 10.03.2026, but the said direction
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 27.02.2026 passed by this Court in Writ Petition No.2014 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
one week from today. The office shall send a copy of this order along with
CAPL No. 2994 of 2026
2
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.
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
SK Goswami
Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad
Checking your session…