Created by Fuzzy Cloud

Allahabad High Court

PADMENDRA SINGHversusSMT SANGEETA GAUTAM

Decided

Holding

While a prima facie case of contempt exists, the court declined to proceed with contempt proceedings and instead ordered compliance within three months, disposing of the application at this stage.

Summary

The applicant filed a contempt application under Section 12 of the Contempt of Courts Act, alleging that the opposite party willfully disobeyed the High Court's order dated 31‑10‑2025 in Writ Petition No. 37484 of 2025. The order was served on 20‑11‑2025, but the opposite party allegedly failed to comply. The court observed that a prima facie case of contempt existed but declined to issue a notice at this stage. Instead, it directed the applicant to provide stamped envelopes for service and granted the opposite party three months from receipt of a certified copy to comply with the order. The opposite party must inform the applicant of compliance within a week thereafter, and the applicant may approach the court again if compliance does not occur. The contempt application was therefore disposed of pending compliance.

Issues considered

  • Whether the alleged non‑compliance constitutes contempt of court under Section 12 of the Contempt of Courts Act
  • Whether a notice to the opposite party is required before proceeding with contempt proceedings
  • Whether the court may adjourn the contempt application and grant time for compliance

Legislation cited

Subjects

  • contempt of court
  • willful disobedience
  • Section 12
  • High Court of Allahabad
  • order compliance
  • procedural directions

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CONTEMPT APPLICATION (CIVIL) No. - 3055 of 2026

Padmendra Singh
                                                           .....Applicant(s)
                                  Versus

Smt Sangeeta Gautam
                                                              .....Opposite
                                                                    Party(s)

Counsel for Applicant(s)                   :   Jayant Prakash 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 31.10.2025 passed by this
Court in Writ Petition No. 37484 of 2025.
3. It is contended that applicant had approached writ Court through
aforesaid writ petition, which was disposed of vide order dated
31.10.2025. Copy of the order of writ Court was served upon opposite
party on 20.11.2025 through registered post, 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 31.10.2025 passed by this Court in Writ Petition No. 37484 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 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
                                                                                           CAPL No. 3055 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 7, 2026
                                    (V. S. SINGH)




Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.