Allahabad High Court
BAIJNATH TRIPATHI AND 53 OTHERSversusSRI MODAK RAJESH D RAO
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that while a prima facie case of contempt exists, the opposite party should be given a further three months to comply before contempt proceedings can be pursued.
Summary
The applicants 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 19-12-2025 in Civil Misc. Writ Petition No. 12547 of 2025. The order had been served to the opposite party on 12-01-2026, but compliance had not been achieved. The court found that a prima facie case existed for contempt but, without issuing a notice, granted the opposite party an additional three months to comply from the date a certified copy of the order is produced. The court directed the applicants to provide stamped envelopes for service of the order and contempt application, and ordered the court office to dispatch the documents within a week. The opposite party was instructed to comply with the writ court's directions and inform the applicants within a week thereafter. The court held that if compliance is not achieved, the applicants may approach the court again, and disposed of the contempt application at this stage.
Issues considered
- Whether the opposite party's failure to comply with the order dated 19-12-2025 amounts to willful disobedience attracting contempt under Section 12 of the Contempt of Courts Act.
- Whether the court should issue a notice and impose immediate contempt proceedings or grant further time for compliance.
Legislation cited
- Contempt of Courts Act, 1971 — s. 12
Subjects
- contempt of court
- willful disobedience
- civil writ petition
- compliance order
- Section 12 Contempt of Courts Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 3044 of 2026
Baijnath Tripathi And 53 Others
.....Applicant(s)
Versus
Sri Modak Rajesh D Rao
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajesh Singh
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 19.12.2025 passed by this
Court in Civil Misc. Writ Petition No. 12547 of 2025.
3. It is contended that applicants had filed aforesaid writ, which was
disposed of vide order dated 19.12.2025. Copy of the said order was
served to the opposite party through registered post on 12.01.2026, 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 19.12.2025 passed by this Court in Civil Misc. Writ Petition
No 12547 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
office within one week from today. The office shall send a copy of this
CAPL No. 3044 of 2026
2
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 6, 2026
A. V. Singh
Digitally signed by :-
AJAY VIKRAM SINGH
High Court of Judicature at Allahabad
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