Allahabad High Court
SMT NOOR JAHANversusMR MANOJ KUMAR MISHRA AND 2 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court held that while a prima facie case of contempt exists, the matter should be deferred by granting the opposite parties time to comply, and the contempt application is disposed pending compliance.
Summary
The applicant, Smt Noor Jahan, filed a contempt application alleging that the opposite parties wilfully disobeyed the High Court's order dated 30.03.2026 in Writ Petition No. 3803 of 2026. The court noted that a prima facie case of contempt existed but, at this stage, no notice was issued to the opposite parties. Instead, the court granted the opposite parties six weeks from receipt of a certified copy of the order to comply, and directed the applicant to provide stamped envelopes for service of the order. The opposite parties were instructed to inform the applicant of compliance within a week thereafter. The court held that if compliance is not achieved, the applicant may approach the court again, and disposed of the contempt application pending compliance.
Issues considered
- Whether the opposite parties are in contempt for wilful disobedience of the High Court order dated 30.03.2026
- Whether notice is required before proceeding with contempt proceedings
Subjects
- contempt of court
- wilful disobedience
- High Court order
- procedural compliance
- civil writ
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6502 of 2026
Smt Noor Jahan
.....Applicant(s)
Versus
Mr Manoj Kumar Mishra And 2 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Gopal Ji Rai
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 filed for punishing the
Opposite Party for willful disobedience of the judgment and order dated
30.03.2026 passed by this Hon'ble High Court in Civil Misc. Writ Petition
(Writ-A) No. 3803 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 30.03.2026. Copy of the order was served 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 six weeks further time to comply with the order
dated 30.03.2026 passed by this Hon'ble High Court in Civil Misc. Writ
Petition (Writ-A) No. 3803 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
this order along with the self-addressed envelope of the applicant with a
CAPL No. 6502 of 2026
2
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.
(Vikas Budhwar,J.)
September 18, 2026
Ashu
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
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