Allahabad High Court
NISHA DEVIversusMR. RAJESH KUMAR PAL
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The Court declined to issue notice and instead granted the opposite party three months to comply with the original order, disposing of the contempt application at this stage.
Summary
Nisha Devi filed a contempt application against Rajesh Kumar Pal for allegedly refusing to comply with the judgment and order dated 25‑02‑2026 in Civil Misc. Writ Petition No. 35370 of 2025. The applicant claimed that despite being served a copy of the order, the opposite party had not acted on it. The Court examined whether a prima facie case of willful disobedience existed and whether notice should be issued. It held that while a case was made out, no notice would be issued at this stage; instead, the opposite party was granted three months to comply after receipt of a certified copy of the order. The Court directed the applicant to provide stamped envelopes for service and disposed of the contempt application pending compliance, leaving open the possibility of a fresh application if the order remains unfulfilled.
Issues considered
- What constitutes willful disobedience of a High Court order sufficient to attract contempt proceedings?
- Whether notice should be issued to the opposite party before proceeding with contempt action.
Subjects
- civil contempt
- willful disobedience
- writ petition
- order compliance
- High Court
- contempt application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6506 of 2026
Nisha Devi
.....Applicant(s)
Versus
Mr. Rajesh Kumar Pal
.....Opposite
Party(s)
Counsel for Applicant(s) : Bhola Nath Yadav, Priyavrat Tripathi,
Raviraj 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 filed for punishing the
Opposite Party for willful disobedience of the judgment and order dated
25.02.2026 passed in Civil Misc. Writ Petition (Writ C) No. 35370 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 25.02.2026. 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 three months further time to comply with the
order dated 25.02.2026 passed in Civil Misc. Writ Petition (Writ C) No.
35370 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. 6506 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.
(Vikas Budhwar,J.)
September 18, 2026
Ashu
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
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