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2026 DAILYLAW 15321 (ALL)

NEERUM DEVI v. AMIT ASERI, DISTRICT MAGISTRATE

CAPL/7126/2026 · 2026-10-08

Piyush Agrawal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CONTEMPT APPLICATION (CIVIL) No. - 7126 of 2026 Court No. - 7 HON'BLE PIYUSH AGRAWAL, J. Heard learned counsel for the applicant(s). Vide order dated 13.8.2026 passed in Writ C No. 31794/2025 filed by the applicant(s), the writ Court directed as under: "4. In this view of the matter, we are of the opinion that present writ petition should be allowed on imposing exemplary costs. 5. On the request of Sri Vijay Shankar Prasad, learned Additional Chief Standing Counsel in placed of imposing exemplary costs, the writ petition is allowed and the order dated 15.05.2025 passed by respondent no.2 is set aside with a mandate to the respondent no.2 to pass fresh order strictly in accordance with law considering various reports submitted by the authorities from time to time. The aforesaid decision be taken by the respondent no.2 positively within four weeks from today. 6. Registrar (Compliance) is directed to communicate copy of this order to the respondent no.2 within three days. " Learned counsel for the applicant(s) submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party(s), but the opposite party(s) has willfully not complied with the order and, thus, has committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971. Versus Counsel for Applicant(s) : Ajay Kumar Pandey, Jaideep Tripathi Counsel for Opposite Party(s) : Neerum Devi .....Applicant(s) Amit Aseri, District Magistrate .....Opposite Party(s) Prima facie, a case of contempt has been made out for punishing the opposite party(s) for willful disobedience of the writ Court order. However, considering the facts and circumstances of the case, one more opportunity is accorded to the opposite party(s) to comply with the aforesaid order of the writ Court in its letter and spirit within three months from the date of production of a copy of this order. The applicant(s) shall supply a duly stamped registered envelope addressed to the opposite party(s) and another self-addressed stamped envelope to the office within one week from today. The office shall send a copy of this order along with the self-addressed envelope of the applicant(s) with a copy of contempt application to the opposite party(s) within one week thereafter and keep a record thereof. The opposite party(s) shall comply with the directions of the writ Court and intimate the applicant(s) of the order through the self-addressed envelop within a week thereafter. With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant(s) to move a fresh application, if the order is not complied with by the opposite party(s) within the stipulated time as aforementioned. October 9, 2026 Rahul Dwivedi/- CAPL No. 7126 of 2026 2 (Piyush Agrawal,J.) Digitally signed by :- RAHUL DWIVEDI High Court of Judicature at Allahabad