Allahabad High Court
RITA DEVIversusSHRI MAHENDRA SINGH TANWAR DISTRICT MAGISTRATE, KUSHINAGAR
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The Court did not find contempt but granted the opposite party six weeks to comply with the writ order and disposed of the contempt application pending compliance.
Summary
Rita Devi filed a contempt application against District Magistrate Mahendra Singh Tanwar alleging willful non‑compliance with an order dated 03‑07‑2026 issued in Writ‑C No. 22586/2026 directing the magistrate to decide a claim. The applicant claimed that a copy of the order had been served but the magistrate had not acted on it. The Court examined the prima facie case for contempt but noted that no notice had been issued to the opposite party. Consequently, the Court granted the magistrate six weeks from receipt of a certified copy of the order to comply, and directed procedural steps for service of the order and contempt application. The Court disposed of the contempt application at this stage, leaving open the possibility of a fresh application if compliance is not achieved.
Issues considered
- What is the appropriate procedure when a party alleges contempt for non‑compliance with a writ order?
- Should the Court issue a notice to the opposite party before proceeding with contempt proceedings?
Subjects
- contempt of court
- non‑compliance
- writ petition
- district magistrate
- procedural directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6527 of 2026
Rita Devi
.....Applicant(s)
Versus
Shri Mahendra Singh Tanwar District Magistrate,
Kushinagar .....Opposite
Party(s)
Counsel for Applicant(s) : Narendra Pratap Kushawaha,
Parashuram Barnawal
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 non-
compliance of the order dated 03.07.2026 passed in Writ C No. 22586/2026
whereby the writ petition was disposed of directing the opposite party to
decide the claim.
3. It is contended by learned counsel for the applicant that 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 03.07.2026 passed by this Court in Writ-C No. 22586/2026 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 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
CAPL No. 6527 of 2026
2
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
Rajesh
Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad
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