Allahabad High Court
ARATI DEVIversusMISS. ARCHANA AGNIHOTRI, SUB-DIVISIONAL MAGISTRATE
- Decided
- Bench
- VIKAS BUDHWAR
Holding
A prima facie case of willful disobedience exists, but the court refrains from issuing notice and instead grants the opposite party a further month to comply with the writ order.
Summary
The High Court of Allahabad heard a civil contempt application filed by Arati Devi against Sub‑Divisional Magistrate Archana Agnihotri for allegedly refusing to obey an order dated 15‑09‑2025 in Writ‑C No.32065 of 2025. The applicant claimed that despite service of a certified copy, the order remained unimplemented. The court found a prima facie case of willful disobedience but chose not to issue a notice at this stage. Instead, it granted the opposite party an additional month to comply and directed procedural steps for sending the order and related documents. The court ordered that if compliance is not achieved, the applicant may approach the court again, and the contempt application was disposed of for the time being.
Issues considered
- Whether the alleged non‑compliance with the order dated 15‑09‑2025 amounts to contempt of court
- Whether notice should be issued to the opposite party at this stage
- Whether the opposite party should be granted additional time to comply with the writ order
Subjects
- contempt
- willful disobedience
- writ order compliance
- civil contempt
- procedural directions
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 5907 of 2026
Arati Devi
.....Applicant(s)
Versus
Miss. Archana Agnihotri, Sub-Divisional Magistrate
.....Opposite
Party(s)
Counsel for Applicant(s) : Jay Shanker, Sunil Kumar Singh
Counsel for Opposite Party(s) :
Court No. - 53
HON'BLE VIKAS BUDHWAR, J.
1. Heard learned counsel for the applicant.
2. The present contempt application has been preferred alleging willful
defiance of the order dated 15.09.2025 passed in Writ-C No.32065 of 2025
(Arati Devi Vs. State of U.P. And 7 Others).
3. It is contended by learned counsel for the applicant that despite service of
certified copy of the order upon the opposite party, 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 one month further time to comply with the order
dated 15.09.2025 passed in Writ-C No.32065 of 2025 (Arati Devi Vs. State
of U.P. And 7 Others) 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. 5907 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.
September 25, 2026
Israr
(Vikas Budhwar,J.)
Digitally signed by :-
ISRAR AHMAD
High Court of Judicature at Allahabad
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