Allahabad High Court
DR. MADHULIKA MISHRAversusDR. B.L. SHARMA, DIRECTOR OF HIGHER EDUCATION AND 3 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
A prima facie case of contempt exists, but the Court grants the opposite parties three months to comply with the order before proceeding further.
Summary
The applicant, Dr. Madhulika Mishra, filed a contempt application under Section 12 of the Contempt of Courts Act alleging that the opposite parties wilfully disobeyed the High Court's order dated 31 July 2025 in Writ Petition No.24097 of 2018. The order was served on 25 August 2025 but remained unimplemented. The Court observed that a prima facie case of contempt existed but, instead of issuing notice, granted the opposite parties an additional three months to comply. The Court also directed the applicant to provide stamped envelopes for service of the order and a self‑addressed envelope for the opposite party’s response. The opposite parties were instructed to comply and inform the applicant within a week of receipt, failing which the applicant may approach the Court again. The application was disposed with these procedural directions.
Issues considered
- Whether the opposite parties' failure to comply with the order dated 31 July 2025 amounts to willful disobedience constituting contempt under Section 12 of the Contempt of Courts Act.
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt of court
- willful disobedience
- order compliance
- High Court of Allahabad
- procedural directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2691 of 2026
Dr. Madhulika Mishra
.....Applicant(s)
Versus
Dr. B.L. Sharma, Director Of Higher Education
And 3 Others .....Opposite
Party(s)
Counsel for Applicant(s) : Kalpna Upadhyay, P.K. Upadhyay
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 31.07.2025 passed by this
Court in Writ Petition No.24097 of 2018.
3. It is contended that applicant had filed aforesaid writ, which was disposed
of vide order dated 31.07.2025. Copy of the said order was served to the
opposite party personally on 25.08.2025, 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 31.07.2025 passed by this Court in Writ Petition No.24097 of 2018
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. 2691 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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