Allahabad High Court
MUJEEB MIANversusSHRI RAJENDRA PRASAD
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court held that although a prima facie case of contempt exists, the contempt application is disposed pending the opposite party's compliance with the original order.
Summary
Mujeeb Mian filed a contempt application against Rajendra Prasad alleging willful defiance of a February 19, 2026 order of the Allahabad High Court in Writ‑A No. 22365 of 2018. The applicant claimed that despite service of a certified copy, the opposite party had not complied with the writ order. The court observed that a prima facie case of contempt existed but declined to issue a notice at this stage. Instead, it directed the applicant to provide stamped envelopes for service and granted the opposite party an additional two months to comply with the original order. The court further directed that the opposite party must inform the applicant of compliance within a week of doing so, and left open the possibility of a fresh contempt application if compliance is not achieved. The contempt application was therefore disposed pending compliance.
Issues considered
- Whether the opposite party's failure to comply with the order dated 19‑02‑2026 constitutes contempt of court.
- Whether notice should be issued and contempt proceedings should be initiated at this stage.
Subjects
- contempt of court
- willful disobedience
- writ order compliance
- procedural directions
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6746 of 2026
Mujeeb Mian
.....Applicant(s)
Versus
Shri Rajendra Prasad
.....Opposite
Party(s)
Counsel for Applicant(s) : Sandeep Kumar Tripathi
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 19.02.2026 passed in Writ- A No. 22365 of
2018 (Mujeeb Mian Vs. State of UP and 3 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 two months further time to comply with the
order dated 19.02.2026 passed in Writ- A No. 22365 of 2018 (Mujeeb
Mian Vs. State of UP and 3 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
and keep a record thereof.
CAPL No. 6746 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
N.S.Rathour
Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad
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