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Allahabad High Court

COMMITTEE OF MANAGEMENT JHAHUWAversusPROF BIHARI LAL SHARMA VICE CHANCELLOR, SAMPOORNANAND SANSKRIT UNIVERSITY VARANASI AND ANOTHER

Decided

Holding

The court declined to initiate contempt proceedings, granting the opposite party additional time to comply and disposing of the application at this stage.

Summary

The Committee of Management Jhahuwa filed a contempt application under Section 12 of the Contempt of Courts Act, alleging that Prof Bihari Lal Sharma, Vice Chancellor of Sampoornanand Sanskrit University, willfully disobeyed the High Court's order dated 01‑09‑2025 in Writ Petition No. 6358 of 2023. The order had been personally served on the opposite party on 16‑09‑2025, but the applicant claimed it remained unimplemented. The court found a prima facie case for contempt but declined to issue a notice at this stage. Instead, it granted the opposite party three months to comply and directed the applicant to provide stamped envelopes for service of the order and contempt application. The opposite party must inform the applicant of compliance within a week of receipt, and the applicant may approach the court again if compliance is not achieved. The application was therefore disposed of pending further compliance.

Issues considered

  • Whether the opposite party willfully disobeyed the High Court's order dated 01‑09‑2025, warranting contempt proceedings under Section 12 of the Contempt of Courts Act.
  • Whether notice should be issued to the opposite party before proceeding with contempt.

Legislation cited

Subjects

  • contempt of court
  • willful disobedience
  • Section 12
  • High Court of Allahabad
  • writ petition compliance
  • notice

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CONTEMPT APPLICATION (CIVIL) No. - 2811 of 2026

Committee Of Management Jhahuwa
                                                          .....Applicant(s)
                                  Versus


Prof Bihari Lal Sharma Vice Chancellor,
Sampoornanand Sanskrit University Varanasi And
Another                                                      .....Opposite
                                                                   Party(s)

Counsel for Applicant(s)      : Bhupendra Pandey, Lakshman Tripathi
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. 6358 of 2023.
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. 6358 of
2023 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
                                                                                           CAPL No. 2811 of 2026
                                                                   2

                                    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.)
                                    May 6, 2026
                                    (V. S. SINGH)




Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad


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