Allahabad High Court
SMT. MEERA KULSHRESHTHAversusSHRI VISHWA PRATAP SINGH
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court held that while a prima facie case of contempt existed, the opposite party must be given a further three months to comply with the order before contempt proceedings can be pursued.
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 15‑07‑2025 in Writ Petition No. 40628 of 2000. The order was served to the opposite party on 24‑07‑2025, but no compliance was shown. The Court observed that a prima facie case of contempt existed but, instead of issuing a notice, directed that the opposite party be given an additional three months to comply. The Court also prescribed procedural steps for serving the order again via registered post and for the opposite party to acknowledge receipt. It held that if the opposite party still fails to comply, the applicant may approach the Court again. The contempt application was therefore disposed of at this stage.
Issues considered
- Whether the opposite party's failure to comply with the order constitutes contempt of court under Section 12 of the Contempt of Courts Act.
- Whether a notice is required before proceeding with contempt proceedings.
- Whether the Court can grant additional time for compliance before initiating contempt proceedings.
Legislation cited
- Contempt of Courts Act, 1971 — s. 12
Subjects
- contempt of court
- willful disobedience
- Section 12
- High Court of Allahabad
- procedural directions
- Writ Petition
- non‑compliance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 3196 of 2026
Smt. Meera Kulshreshtha
.....Applicant(s)
Versus
Shri Vishwa Pratap Singh
.....Opposite
Party(s)
Counsel for Applicant(s) : Prem Sagar Verma, Sunil 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 15.07.2025 passed by this
Court in Writ Petition No.40628 of 2000.
3. It is contended that applicant had filed aforesaid writ, which was disposed
of vide order dated 15.07.2025. Copy of the said order was served to the
opposite party through registered post on 24.07.2025 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 15.07.2025 passed by this Court in Writ Petition No.40628 of 2000
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
CAPL No. 3196 of 2026
2
application to the opposite party within one week thereafter 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 14, 2026
SK Goswami
Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad
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