Allahabad High Court
SMT. CHHOHARIversusABHAY RAJ PANDEY, SUB DIVISIONAL OFFICER, TEHSIL-BUDHANPUR
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that although a prima facie case of contempt exists, it would not issue notice and instead grant the opposite party further time to comply, disposing of the contempt application at this stage.
Summary
The applicant, Smt. Chhohari, filed a contempt application under Section 12 of the Contempt of Courts Act alleging that the opposite party, Abhay Raj Pandey, willfully disobeyed the High Court’s judgment and order dated 30‑05‑2025 in Writ Petition No. 18018 of 2025. The order was served on the opposite party on 27‑06‑2025, but the court found that compliance had not been achieved. While the court recognized a prima facie case of contempt, it chose not to issue a notice at this stage and instead granted the opposite party an additional three months to comply, subject to procedural directions for service of the order. The applicant was directed to provide stamped envelopes for service, and the court ordered that the opposite party must intimate compliance within a week of receiving the order. The contempt application was therefore disposed of pending compliance, with the applicant free to approach the court again if the order remains unfulfilled.
Issues considered
- Whether the opposite party’s failure to comply with the order dated 30‑05‑2025 constitutes willful disobedience punishable as contempt under Section 12 of the Contempt of Courts Act.
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt
- willful disobedience
- judgment compliance
- Section 12
- High Court
- procedural directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 3061 of 2026
Smt. Chhohari
.....Applicant(s)
Versus
Abhay Raj Pandey, Sub Divisional Officer, Tehsil-
Budhanpur .....Opposite
Party(s)
Counsel for Applicant(s) : 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 30.05.2025 passed by this
Court in Writ Petition No. 18018 of 2025.
3. It is contended that applicant had approached writ Court through
aforesaid writ petition, which was disposed of vide order dated
30.05.2025. Copy of the order of writ Court was served upon opposite
party on 27.06.2025 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 30.05.2025 passed by this Court in Writ Petition No. 18018 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
and keep a record thereof.
CAPL No. 3061 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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