Allahabad High Court
HARI PRAKASH SINHA AND 5 OTHERSversusPROFESSOR BIHARI LAL SHARMA AND 2 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
While a prima facie case of contempt exists, the court disposed of the application and directed the opposite party to comply with the original order within a specified period.
Summary
The applicant filed a contempt application under Section 12 of the Contempt of Courts Act, alleging that the opposite party willfully disobeyed the High Court's order dated 04-12-2025 in Writ Petition No. 18044 of 2025. The court noted that a prima facie case of contempt existed but declined to issue notice at this stage. Instead, the court directed the applicant to provide stamped envelopes for service of the order and gave the opposite party three months to comply with the original order. The opposite party was also instructed to inform the applicant of compliance within a week of receiving the order. The court held that if compliance is not achieved, the applicant may approach the court again, and the contempt application was disposed of pending compliance.
Issues considered
- Whether the opposite party's failure to comply with the order dated 04-12-2025 constitutes contempt under Section 12 of the Contempt of Courts Act.
- Whether notice should be issued to the opposite party before proceeding with contempt proceedings.
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt of court
- willful disobedience
- Section 12
- High Court of Judicature at Allahabad
- procedural directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2972 of 2026
Hari Prakash Sinha And 5 Others
.....Applicant(s)
Versus
Professor Bihari Lal Sharma And 2 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajesh Pandey, Shivendu Ojha, Sr.
Advocate
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 04.12.2025 passed by this
Court in Writ Petition No. 18044 of 2025.
3. It is contended that applicant had approached writ Court through
aforesaid writ petition, which was disposed of vide order dated
04.12.2025. Copy of the order of writ Court was served upon opposite
party on 16.12.2025 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 04.12.2025 passed by this Court in Writ Petition No. 18044 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 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. 2972 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 5, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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