Allahabad High Court
LALMANI AND 6 OTHERSversusSMT. JAYJEET KAUR HORA (ADDITIONAL COMMISSIONER JUDICIAL PRAYAGRAJ DIVISION PRAYAGRAJ
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court found a prima facie case of contempt but disposed of the application, granting the opposite party four months to comply with the original order.
Summary
The applicants filed a contempt application alleging that the opposite party willfully disobeyed the judgment and order dated 20‑05‑2025 in Civil Misc. Writ Petition No. 15226 of 2025. The court noted that a certified copy of the order had been served but compliance had not been achieved. While it found a prima facie case of contempt, the court declined to issue a notice at this stage and instead granted the opposite party an additional four months to comply. The court directed the applicants to provide stamped envelopes for service of the order and contempt application, and ordered the court office to forward the documents to the opposite party. The opposite party was instructed to comply with the writ court’s directions and inform the applicants within a week of compliance. If compliance is not achieved, the applicants may approach the court again. The contempt application was therefore disposed of pending compliance.
Issues considered
- Whether the opposite party’s failure to comply with the order dated 20‑05‑2025 constitutes willful disobedience amounting to contempt.
- Whether a notice should be issued to the opposite party before proceeding with contempt proceedings.
- What appropriate relief or procedural direction should be granted in a contempt application where compliance is pending.
Subjects
- contempt
- civil writ
- non‑compliance
- court order enforcement
- procedural directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6528 of 2026
Lalmani And 6 Others
.....Applicant(s)
Versus
Smt. Jayjeet Kaur Hora (Additional Commissioner
Judicial Prayagraj Division Prayagraj .....Opposite
Party(s)
Counsel for Applicant(s) : Sanjay, Vinod Kumar Maurya
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
20.05.2025 passed by this Hon'ble Court in Civil Misc. Writ Petition no.
15226 of 2025 (Lalmani and 6 others Vs. State of U.P. and 27 others).
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 20.05.2025 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 four months further time to comply with the
order dated 20.05.2025 passed by this Hon'ble Court in Civil Misc. Writ
Petition no. 15226 of 2025 (Lalmani and 6 others Vs. State of U.P. and 27
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 parties and another self-addressed envelope to
CAPL No. 6528 of 2026
2
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 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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