Allahabad High Court
M/S RAVI KUMAR PRAJAPATI THROUGH ITS PROPRIETOR RAVI KUMAR PRAJAPATI AND ANOTHERversusSIPU GIRI, MUNICIPAL COMMISSIONER, NAGAR NIGAM
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
A prima facie case of contempt exists, but the Court refrains from issuing a notice and instead provides the opposite party a further three months to comply with the original order.
Summary
The applicants, M/s Ravi Kumar Prajapati, filed a contempt application under Section 12 of the Contempt of Courts Act against the Municipal Commissioner for allegedly refusing to obey the High Court’s order dated 28‑10‑2025 in Civil Misc. Writ Petition No.35748 of 2025. The order was served on 30‑10‑2025 but remained unimplemented. The Court observed that a prima facie case of willful disobedience existed, yet it chose not to issue a notice at this stage. Instead, the Court granted the opposite party three months to comply, directing the parties to exchange certified copies and envelopes for service. The Court further directed that if compliance is not achieved, the applicants may approach the Court again. Consequently, the contempt application was disposed of without proceeding to a contempt proceeding.
Issues considered
- Whether the Municipal Commissioner’s failure to comply with the Court’s order constitutes 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
- civil writ
- High Court order
- procedural compliance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2996 of 2026
M/S Ravi Kumar Prajapati Through Its Proprietor
Ravi Kumar Prajapati And Another .....Applicant(s)
Versus
Sipu Giri, Municipal Commissioner, Nagar Nigam
.....Opposite
Party(s)
Counsel for Applicant(s) : Arbind Kumar Yadav, Jitendra Rana
Counsel for Opposite Party(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. Heard learned counsel for the applicants.
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 28.10.2025 passed by this
Court in Civil Misc. Writ Petition No.35748 of 2025.
3. It is contended that applicants had filed aforesaid writ, which was
disposed of vide order dated 28.10.2025. Copy of the said order was
served to the opposite party personally on 30.10.2025, 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 28.10.2025 passed by this Court in Civil Misc. Writ Petition
No.35748 of 2025 from the date of production of a certified copy of this
order.
6. The applicants shall supply a duly stamped registered envelope
addressed to the opposite party and another self-addressed envelope to the
CAPL No. 2996 of 2026
2
office within one week from today. The office shall send a copy of this
order along with the self-addressed envelope of the applicants 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 applicants 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 applicants 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
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