Allahabad High Court
VINITA DEVI AND 38 OTHERSversusMR MUKESH KHARWAR
- Decided
- Bench
- VIKAS BUDHWAR
Holding
A prima facie case of contempt exists, but the court deferred contempt proceedings by granting the opposite party additional time to comply.
Summary
The applicants filed a contempt application alleging that the opposite party willfully disobeyed the judgment and order dated 17 September 2025 in Writ‑A No. 13974 of 2025. The order had been served on the opposite party, but compliance had not been achieved. The court observed that a prima facie case of contempt existed but, instead of issuing a notice, it granted the opposite party an additional two months to comply with the order. The court directed the applicants to provide stamped envelopes for service of the contempt application and ordered that the opposite party must inform the applicants of compliance within a week of receiving the order. The court further held that if the opposite party fails to comply, the applicants may approach the court again, and disposed of the contempt application at this stage.
Issues considered
- Whether the opposite party's failure to comply with the order dated 17‑09‑2025 constitutes willful disobedience warranting contempt proceedings.
Subjects
- contempt of court
- willful disobedience
- writ petition
- order compliance
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6738 of 2026
Vinita Devi And 38 Others
.....Applicant(s)
Versus
Mr Mukesh Kharwar
.....Opposite
Party(s)
Counsel for Applicant(s) : Chandra Bhushan Yadav, Vibhuti
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 17.09.2025 passed in Writ- A No. 13974 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 17.09.2025. 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 two months further time to comply with the
order dated 17.09.2025 passed in Writ- A No. 13974 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
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.
CAPL No. 6738 of 2026
2
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
Ashu
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
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