HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 4176 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. The present contempt application has been preferred against the alleged non compliance of the judgment and order dated 21.09.2024 passed in Writ C No. 8153 of 2024 whereby the writ Court has directed the respondent to decide the application of the applicant within a period of six weeks from the date a certified copy of the judgment and order dated 21.9.2024 is placed before the respondent, in accordance with law, if there is no other legal impediment in this regard. Learned counsel for the applicant has submitted that the certified copy of the order was served on 26.09.2024 and six weeks' period has already expired on 30.10.2024 but the application/case of the applicant has yet not been decided. The present contempt application is barred by Section 20 of the Contempt of Courts Act, 1971, as for the first time cause of action arose on 30.10.2024 and period of one year from the said date has expired on 30.10.2025 but the present contempt application has been filed on 11.12.2025 i.e. after expiry of about more than one and a half month from the date when the cause of action first arose. On being asked from the learned counsel for the applicant to address the Court on Section 20 of the Act, 1971, learned counsel for the applicant is unable to assist the court on the query put by the court to advance the submissions relating to Section 20 of the Act, 1971. After hearing learned counsel for the applicant and going through the record of the case, it is an admitted case of the applicant that for the first time the contempt has alleged to have been committed on 30.10.2024 and as per Section 20 of the Contempt of Courts Act, 1971, the contempt petition is to be filed within a period of one year from the date the contempt has alleged to have been committed. For convenience, the Section 20 of the Contempt of Courts Act, 1971 is being reproduced hereinbelow:- "20. Limitation for actions for contempt:- No court shall initiate any proceedings of Versus Counsel for Applicant(s) : Suresh Kumar Pandey Counsel for Opposite Party(s) : Bindeshwari Prasad .....Applicant(s) Sri Ashok Kumar Gupta Sub-Divisional Magistrate Tahsil And Distt. Gonda .....Opposite Party(s) contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed." Further, in the case of Islammudin vs. Umesh Chandra Tiwari and Anr. [2009 (5) ADJ 656 (DB)], the Division Bench of this Court has held that the law laid down by the Apex Court in Pallav Sheth vs. Costodian and Ors. [(2001) 7 SCC 549] does not make Section 5 of the Act 1963 applicable and would not confer power upon the Court to condone or waive delay where proceedings of contempt are sought to be initiated under the Act, 1971 after one year from the date when the contempt is alleged to have been committed. In the present case, the contempt has alleged to have been committed on 30.10.2024 and the period of one year from the said date has expired on 30.10.2025 whereas the present contempt application has been preferred on 11.12.2025 after the expiry of more than one month. Hence, it is barred by Section 20 of the Contempt Courts Act, 1971. In view of the facts, circumstances and discussion made hereinabove, the present contempt application is dismissed. December 18, 2025 Ashish CAPL No. 4176 of 2025 2 (Manish Kumar,J.) Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench