Allahabad High Court
NARESH BABU AND 63 ANOTHERversusASHISH KUMAR PANDEY
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that although a prima facie case of contempt exists, the opposite party should be given a further three months to comply before any contempt notice is issued.
Summary
The applicant, Naresh Babu and others, filed a contempt application under Section 12 of the Contempt of Courts Act seeking to punish the opposite party for willful disobedience of a judgment dated 12 January 2026 in Writ Petition No. 3597 of 2022. The court noted that the order had been served on the opposite party on 21 January 2026 but remained unimplemented. While a prima facie case for contempt was acknowledged, the court declined to issue a notice at this stage and instead granted the opposite party an additional three months to comply. The court directed the applicant to provide stamped envelopes for service of the order and contempt application to the opposite party. The opposite party was instructed to comply with the writ court's directions and inform the applicant within a week of compliance. The court held that if the opposite party fails to comply, the applicant may approach the court again, and the contempt application was disposed of for the time being.
Issues considered
- Whether the opposite party's failure to comply with the order dated 12 January 2026 amounts to willful disobedience attracting contempt under Section 12 of the Contempt of Courts Act.
- Whether a notice should be issued to the opposite party before proceeding with contempt proceedings.
Legislation cited
- Contempt of Courts Act, 1971 — s. 12
Subjects
- contempt of court
- willful disobedience
- order compliance
- High Court of Allahabad
- Section 12
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 3048 of 2026
Naresh Babu And 63 Another
.....Applicant(s)
Versus
Ashish Kumar Pandey
.....Opposite
Party(s)
Counsel for Applicant(s) : Seemant 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 12.01.2026 passed by this
Court in Writ Petition No. 3597 of 2022.
3. It is contended that applicant had approached writ Court through
aforesaid writ petition, which was disposed of vide order dated
12.01.2026. Copy of the order of writ Court was served upon opposite
party on 21.01.2026 personally, but according to the applicant, the said
order 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 12.01.2026 passed by this Court in Writ Petition No. 3597 of
2022 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 two weeks 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
and keep a record thereof.
CAPL No. 3048 of 2026
2
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 7, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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