Allahabad High Court
AMAN TYAGIversusSMT.KAVITA MEENA
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that although a prima facie case of contempt existed, the application was disposed of pending compliance, without issuing a notice.
Summary
The applicant, Aman Tyagi, filed a contempt application alleging that the opposite party, Smt. Kavita Meena, willfully disobeyed the High Court's order dated 7 January 2026 in Civil Misc. Writ Petition No. 45699 of 2025. The order had been served on 30 January 2026, but the opposite party had not complied. The court observed that a prima facie case of contempt existed but chose not to issue a notice at this stage. Instead, it granted the opposite party an additional three months to comply with the original order, subject to procedural steps involving stamped envelopes. The court directed the applicant to provide the necessary envelopes and stipulated that the court would forward the order to the opposite party. If compliance is not achieved, the applicant may approach the court again. The contempt application was therefore disposed of without further proceedings.
Issues considered
- Does the opposite party's failure to comply with the court's order amount to contempt of court?
- Is it necessary to issue a notice to the opposite party before proceeding with contempt proceedings?
- Can the court defer contempt proceedings by granting a further period for compliance?
Subjects
- contempt
- willful disobedience
- civil writ
- compliance
- procedural directions
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 3004 of 2026
Aman Tyagi
.....Applicant(s)
Versus
Smt.Kavita Meena
.....Opposite
Party(s)
Counsel for Applicant(s) : Amrapali Singh, Ekansh Varma
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 for punishing the
Opposite Party for willful disobedience of the judgment and order dated
7.1.2026 passed by this Court in Civil Misc. Writ Petition No. 45699 of
2025.
3. It is contended by learned counsel for the applicant that the applicant
had filed the aforesaid writ petition, which was disposed of vide order
dated 7.1.2026. Copy of the order was served on 30.1.2026 but till date
the order of writ Court has not been complied with.
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 7.1.2026 passed by this Court in Civil Misc. Writ Petition No.
45699 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 parties and another self-addressed envelope to
the office within two weeks from today. The office shall send a copy of
CAPL No. 3004 of 2026
2
this order along with the self-addressed envelope of the applicant with a
copy of contempt application to the opposite parties 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 6, 2026
Shekhar
Digitally signed by :-
SHASHI SHEKHAR PANDEY
High Court of Judicature at Allahabad
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