Allahabad High Court
RAM RATAN @ RATANversusSRI ABHAY RAJ PANDEY, SUB-DIVISIONAL MAGISTRATE, TEHSIL BUDHANPUR
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that although a prima facie case of contempt exists, the application is disposed pending compliance, with a three‑month period granted to the opposite party to obey the order.
Summary
The applicant, Ram Ratan, filed a contempt application under Section 12 of the Contempt of Courts Act against Sub‑Divisional Magistrate Sri Abhay Raj Pandey for allegedly willfully disobeying the High Court’s order dated 01‑09‑2025 in Criminal Misc. Writ Petition No. 19264 of 2025. The order was served on the opposite party on 26‑09‑2025, but the court found that it had not been complied with. While the court recognized 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 court directed the applicant to provide stamped envelopes for service of the order and contempt application, and instructed the court office to forward the documents. The opposite party was ordered to comply and inform the applicant within a week of receipt. The application was disposed of pending compliance, with the applicant free to approach the court again if the order remains unfulfilled.
Issues considered
- Whether the contempt application under Section 12 of the Contempt of Courts Act should proceed against the Sub‑Divisional Magistrate for alleged willful disobedience of the High Court’s order.
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt of court
- willful disobedience
- Section 12
- High Court of Allahabad
- writ petition
- procedural directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 3058 of 2026
Ram Ratan @ Ratan
.....Applicant(s)
Versus
Sri Abhay Raj Pandey, Sub-Divisional Magistrate,
Tehsil Budhanpur .....Opposite
Party(s)
Counsel for Applicant(s) : Bhanu Pratap Verma, Rajesh Kumar
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 01.09.2025 passed by this
Court in Criminal Misc. Writ Petition No. 19264 of 2025.
3. It is contended that applicant had approached writ Court through
aforesaid writ petition, which was disposed of vide order dated
01.09.2025. Copy of the order of writ Court was served upon opposite
party on 26.09.2025 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 01.09.2025 passed by this Court in Criminal Misc. Writ
Petition No. 19264 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. 3058 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
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