Allahabad High Court
VIJAY KUMAR YADAVversusSMT. KRITIKA JYOTSANA, DISTRICT MAGISTRATE
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that a prima facie case of contempt exists but deferred notice and granted the opposite party three months to comply before proceeding further.
Summary
The applicant, Vijay Kumar Yadav, filed a contempt application alleging that the District Magistrate, Smt. Kritika Jyotsana, willfully disobeyed the High Court’s order dated 18 March 2026 in Civil Misc. Writ Petition No. 10030 of 2026. The order had been served to the opposite party on 26 March 2026, but compliance had not been achieved. The court examined whether a prima facie case of contempt existed for the alleged non‑compliance. While recognizing the prima facie case, the court declined to issue a notice at this stage and instead granted the opposite party an additional three months to comply with the original order. The court directed the applicant to provide stamped envelopes for service of the order and contempt application, and stipulated that the opposite party must comply and inform the applicant within the stipulated time. The contempt application was therefore disposed of, with the possibility of re‑filing if compliance is not achieved.
Issues considered
- Whether the District Magistrate’s failure to comply with the High Court’s order constitutes contempt of court
Subjects
- contempt
- willful disobedience
- civil writ
- order compliance
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 3037 of 2026
Vijay Kumar Yadav
.....Applicant(s)
Versus
Smt. Kritika Jyotsana, District Magistrate
.....Opposite
Party(s)
Counsel for Applicant(s) : Shyam Lal
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
18.3.2026 passed by this Court in Civil Misc. Writ Petition No. 10030 of
2026.
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 18.3.2026. Copy of the order was served through registered post on
26.3.2026 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 18.3.2026 passed by this Court in Civil Misc. Writ Petition
No. 10030 of 2026 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. 3037 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
Checking your session…