Allahabad High Court
AJAY KUMAR TIWARIversusPROF BIHARI LAL SHARMA AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that although a prima facie case of contempt existed, it would not issue notice and instead granted time for compliance, disposing of the application pending compliance.
Summary
Ajay Kumar Tiwari filed a contempt application under Section 12 of the Contempt of Courts Act, alleging that Prof Bihari Lal Sharma and another willfully disobeyed the High Court's order dated 01‑09‑2025 in Writ Petition No. 1589 of 2024. The order had been personally served on 16‑09‑2025, but the opposite party had not complied. The Court observed that a prima facie case of contempt existed but chose not to issue a notice at this stage. Instead, it directed the applicant to provide stamped envelopes for service and granted the opposite party three months from receipt of a certified copy to comply. The Court further ordered 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 was not achieved. Accordingly, the contempt application was disposed of pending compliance.
Issues considered
- Does the opposite party's failure to comply with the writ court's order constitute contempt of court under Section 12 of the Contempt of Courts Act?
- Is it necessary to issue a notice to the opposite party before proceeding with contempt proceedings?
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt
- willful disobedience
- High Court order
- Section 12
- compliance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2786 of 2026
Ajay Kumar Tiwari
.....Applicant(s)
Versus
Prof Bihari Lal Sharma And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Kushmondeya Shahi
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 01.09.2025 passed by this
Court in Writ Petition No. 1589 of 2024.
3. It is contended that applicant had approached writ Court through
aforesaid writ petition, which was disposed of vide order dated
01.09.2025. Copy of the order of writ Court was served upon opposite
party on 16.09.2025 personally, but according to the applicant, the said
order 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 01.09.2025 passed by this Court in Writ Petition No. 1589 of
2024 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. 2786 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.
(Rohit Ranjan Agarwal,J.)
May 6, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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