Allahabad High Court
COMMITTEE OF MANAGEMENT BABA MAHAVIR DAS SANSKRIT MAHAVIDYALAYA SAMITI AND ANOTHERversusPROF BIHARI LAL SHARMA AND ANOTHER
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court found a prima facie case of contempt but declined to issue notice, instead granting additional time for compliance and disposing of the application at this stage.
Summary
The Committee of Management Baba Mahavir Das Sanskrit Mahavidyalaya Samiti filed a contempt application alleging that Prof Bihari Lal Sharma willfully defied an order dated 27-05-2026 issued in Writ C No.21254 of 2026. The applicant claimed that despite service of a certified copy, the opposite party had not complied with the writ court's directions. The High Court observed that a prima facie case existed for contempt but chose not to issue a notice at this stage. Instead, the court granted the opposite party an additional four months from receipt of the certified copy to comply with the writ order. The court also directed the applicant to provide stamped envelopes for service of the order and contempt application, and stipulated that the opposite party must inform the applicant of compliance within a week thereafter. The application was ultimately disposed without further proceedings, leaving open the possibility of a fresh application if compliance is not achieved.
Issues considered
- Whether the alleged failure to comply with the writ order amounts to contempt of court warranting issuance of notice and further proceedings.
Subjects
- contempt
- willful disobedience
- writ order
- compliance
- procedural directions
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6086 of 2026
Committee Of Management Baba Mahavir Das
Sanskrit Mahavidyalaya Samiti And Another .....Applicant(s)
Versus
Prof Bihari Lal Sharma And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Himanshu Singh
Counsel for Opposite Party(s) :
Court No. - 53
HON'BLE VIKAS BUDHWAR, J.
1. Heard learned counsel for the applicant.
2. The present contempt application has been preferred alleging willful
defiance of the order dated 27-05-2026 passed in Writ C No. -21254 of
2026 (C/M Baba Mahavir Das Sanskrit & Another Vs. State of U.P. &
others).
3. It is contended by learned counsel for the applicant that despite service
of certified copy of the order upon the opposite party, till date the order of
writ Court has not been complied with.
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 four months further time to comply with the
order dated 27-05-2026 passed in Writ C No. -21254 of 2026 (C/M Baba
Mahavir Das Sanskrit & Another Vs. State of U.P. & others) 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
CAPL No. 6086 of 2026
2
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.
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.
(Vikas Budhwar,J.)
September 8, 2026
N.S.Rathour
Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad
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