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Allahabad High Court

SMT. RITUversusGEETA CHAUDHARY, DISTICT BASIC EDUCATION OFFICER AND ANOTHER

Decided

Holding

The court held that although a prima facie case of contempt existed, it would not issue notice and instead granted the opposite parties a further month to comply with the original order.

Summary

The applicant, Smt. Ritu, filed a contempt application alleging that the opposite parties, Geeta Chaudhary and another, willfully defied the High Court’s order dated 28‑04‑2026 in Writ (A) No. 6076 of 2026. The applicant claimed that despite service of a certified copy of that order, the opposite parties had not complied. The court observed that a prima facie case of contempt existed but decided not to issue a notice at this stage. Instead, the court granted the opposite parties an additional month to comply with the original order, subject to procedural steps involving stamped envelopes. The court directed the office to forward the order and contempt application to the opposite parties and required the opposite parties to inform the applicant of compliance within a week thereafter. The application was ultimately disposed without proceeding to contempt proceedings, leaving open the possibility of a fresh application if non‑compliance persisted.

Issues considered

  • Whether the opposite parties are in contempt for willful disobedience of the order dated 28‑04‑2026 in Writ (A) No. 6076 of 2026
  • Whether notice should be issued before initiating contempt proceedings

Subjects

  • contempt
  • willful disobedience
  • civil contempt
  • order compliance
  • High Court
  • procedural directions

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
            CONTEMPT APPLICATION (CIVIL) No. - 6703 of 2026

Smt. Ritu
                                                             .....Applicant(s)
                                   Versus

Geeta Chaudhary, Distict Basic Education Officer
And Another                                                      .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)                            :    Anil Kumar
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 28.04.2026 passed by this Hon'ble Court in
Writ (A) No. 6076 of 2026 (Smt. Ritu Vs. State of U.P. and 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 one month further time to comply with the order
dated 28.04.2026 passed by this Hon'ble Court in Writ (A) No. 6076 of
2026 (Smt. Ritu Vs. State of U.P. and 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
                                                                                           CAPL No. 6703 of 2026
                                                                   2


                                    of contempt application to the opposite party 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 24, 2026
                                    N.S.Rathour




Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad


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