Allahabad High Court
SMT. ZIKRA KHATOONversusSMT. ANJANA SIROHI, REGISTRAR/INSPECTOR U.P. MADARSA SIKSHA PARISHAD
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
A prima facie case of willful disobedience exists, but the court deferred contempt proceedings by granting the opposite party additional time to comply.
Summary
The applicant, Smt. Zikra Khatoon, filed a contempt application under Section 12 of the Contempt of Courts Act against the Registrar/Inspector of Madarsa Siksha Parishad for allegedly refusing to obey a judgment dated 04‑11‑2025 in Writ Petition No.16246 of 2025. The order was served on the opposite party on 25‑11‑2025, but compliance was not forthcoming. The court observed that a prima facie case of willful disobedience exists, yet it chose not to issue a notice at this stage. Instead, the court granted the opposite party an additional three months to comply, subject to procedural steps involving stamped envelopes and self‑addressed envelopes. The court directed that if compliance is still lacking, the applicant may approach the court again. The contempt application was therefore disposed of pending further compliance.
Issues considered
- Whether the opposite party’s failure to comply with the order dated 04‑11‑2025 amounts to willful disobedience punishable under Section 12 of the Contempt of Courts Act.
- Whether a notice should be issued before proceeding with contempt proceedings.
Legislation cited
- Contempt of Courts Act, 1971 — s. 12
Subjects
- contempt of court
- willful disobedience
- Section 12
- High Court of Allahabad
- compliance order
- procedural directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2647 of 2026
Smt. Zikra Khatoon
.....Applicant(s)
Versus
Smt. Anjana Sirohi, Registrar/Inspector U.P.
Madarsa Siksha Parishad .....Opposite
Party(s)
Counsel for Applicant(s) : Nitish Kumar Pandey
Counsel for Opposite Party(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. Heard learned counsel for the applicant.
2. The present contempt application has been filed under Section 12 of the
Contempt of Courts Act for punishing the Opposite Party for willful
disobedience of the judgment and order dated 04.11.2025 passed by this
Court in Writ Petition No.16246 of 2025.
3. It is contended that applicant had filed aforesaid writ, which was disposed
of vide order dated 04.11.2025. Copy of the said order was served to the
opposite party through registered post on 25.11.2025, but the said direction
has not been complied with by the opposite party till date.
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 04.11.2025 passed by this Court in Writ Petition No.16246 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 party and another self-addressed envelope to the office within
one week from today. The office shall send a copy of this order along with
CAPL No. 2647 of 2026
2
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.
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.
(Rohit Ranjan Agarwal,J.)
April 23, 2026
SK Goswami
Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad
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