Allahabad High Court
RAKESH KUMAR RAJBHARversusPARIKSHIT KHATANA
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
A prima facie case of contempt exists, but the court deferred notice and granted further time for compliance, disposing the contempt application pending compliance.
Summary
The applicant filed a contempt application under Section 12 of the Contempt of Courts Act, alleging that the opposite party willfully disobeyed a judgment dated 25 September 2025 in Writ Petition No. 29387 of 2025. The court noted that a certified copy of the order had been served on 21 January 2026 but the opposite party had not complied. While the court found a prima facie case of contempt, it declined to issue a notice at this stage and instead granted the opposite party three months to comply with the order. The applicant was directed to provide stamped envelopes for service of the order and contempt application. The opposite party was instructed to comply and inform the applicant within a week of receipt. The court held that if compliance is not achieved, the applicant may approach the court again, and the contempt application was disposed of pending compliance.
Issues considered
- Whether the opposite party's failure to comply with the order dated 25‑09‑2025 amounts to contempt under Section 12 of the Contempt of Courts Act.
- Whether notice should be issued to the opposite party before proceeding with contempt proceedings.
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt of court
- willful disobedience
- Section 12
- High Court
- Writ Petition
- compliance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 3047 of 2026
Rakesh Kumar Rajbhar
.....Applicant(s)
Versus
Parikshit Khatana
.....Opposite
Party(s)
Counsel for Applicant(s) : Vaibhav 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 25.09.2025 passed by this
Court in Writ Petition No.29387 of 2025.
3. It is contended that applicant had filed aforesaid writ, which was
disposed of vide order dated 25.09.2025. Copy of the said order was
served to the opposite party personally on 21.01.2026, 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 25.09.2025 passed by this Court in Writ Petition No. 29387 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 application to the opposite party within one week thereafter
CAPL No. 3047 of 2026
2
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 6, 2026
A. V. Singh
Digitally signed by :-
AJAY VIKRAM SINGH
High Court of Judicature at Allahabad
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