Allahabad High Court
SMT. VIMLA DEVIversusSRI SATENDRA KUMAR MAURYA, TEHSILDAR, TEHSIL GOLA
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court found a prima facie case of contempt but refrained from issuing notice, instead granting the opposite party three months to comply and disposing of the contempt application at this stage.
Summary
The applicant, Smt. Vimla Devi, filed a contempt application alleging that the opposite party, Tehsildar Sri Satendra Kumar Maurya, willfully defied the High Court’s order dated 26‑11‑2024 in Writ‑C No. 38095 of 2024. The court noted that despite service of a certified copy of the order, the opposite party had not complied. While a prima facie case for contempt was found, the court chose not to issue a notice at this stage. Instead, it granted the opposite party an additional three months from the date of production of the certified copy to comply, and directed the applicant to provide stamped envelopes for service. The opposite party was instructed to comply with the writ court’s directions and inform the applicant 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 for the time being.
Issues considered
- Whether the opposite party’s failure to comply with the order dated 26‑11‑2024 constitutes contempt of court.
- Whether notice should be issued to the opposite party before proceeding with contempt proceedings.
- Whether the court may grant additional time for compliance instead of immediately imposing contempt.
Subjects
- contempt of court
- willful disobedience
- writ order compliance
- procedural directions
- High Court of Judicature at Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6657 of 2026
Smt. Vimla Devi
.....Applicant(s)
Versus
Sri Satendra Kumar Maurya, Tehsildar, Tehsil Gola
.....Opposite
Party(s)
Counsel for Applicant(s) : Sunil Kumar Tiwari
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 26.11.2024 passed by this Hon'ble Court in
Writ-C No. 38095 of 2024 (Smt. Vimla Devi Vs. State of U.P. and 2
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 three months further time to comply with the
order dated 26.11.2024 passed by this Hon'ble Court in Writ-C No. 38095
of 2024 (Smt. Vimla Devi Vs. State of U.P. and 2 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
CAPL No. 6657 of 2026
2
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 23, 2026
N.S.Rathour
Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad
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