Allahabad High Court
NIRPATI SINGHversusALOK SINGH
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that although a prima facie case of contempt existed, the opposite party must be given notice and a further three‑month period to comply before contempt proceedings can be pursued.
Summary
The applicant, Nirpati Singh, filed a contempt application under Section 12 of the Contempt of Courts Act seeking punishment of the opposite party, Alok Singh, for willful disobedience of a judgment dated 19 November 2025 in Writ Petition No. 17356 of 2025. The order was served to the opposite party on 10 December 2025, but the party had not complied with the directions. The court examined whether a contempt proceeding should be initiated at this stage. It held that while a prima facie case existed, procedural fairness required a notice and further opportunity to comply. Accordingly, the court granted the opposite party an additional three months from receipt of a certified copy to comply, and directed the applicant to provide stamped envelopes for service. The court ordered that if compliance is not achieved, the applicant may approach the court again. The contempt application was therefore disposed of without any penalty at this stage.
Issues considered
- Does the opposite party’s failure to comply with the judgment constitute contempt of court under Section 12 of the Contempt of Courts Act?
- Should the court issue a notice and proceed with contempt proceedings at this stage, or grant further time for compliance?
Legislation cited
- Contempt of Courts Act, 1971 — s. 12
Subjects
- contempt of court
- Section 12
- willful disobedience
- order compliance
- High Court of Allahabad
- writ petition
- notice
- disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2998 of 2026
Nirpati Singh
.....Applicant(s)
Versus
Alok Singh
.....Opposite
Party(s)
Counsel for Applicant(s) : Om Prakash Chaube, Snehil
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 19.11.2025 passed by this
Court in Writ Petition No.17356 of 2025.
3. It is contended that applicant had filed aforesaid writ, which was disposed
of vide order dated 19.11.2025. Copy of the said order was served to the
opposite party through registered post on 10.12.2025, 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 19.11.2025 passed by this Court in Writ Petition No.17256 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
one week 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
CAPL No. 2998 of 2026
2
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
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