Allahabad High Court
SMT. SHEELA DEVIversusSHRI DR. ARUN KUMAR TIWARI, CHIEF MEDICAL OFFICER
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court found a prima facie case of contempt but deferred proceedings, granting the opposite party time to comply and disposing of the application without a contempt order.
Summary
The applicant, Smt. Sheela Devi, filed a contempt application against Dr. Arun Kumar Tiwari, the Chief Medical Officer, alleging willful disobedience of a judgment and order dated 28‑10‑2025 in Writ A No. 15749 of 2025. The applicant claimed that despite being served a copy of the order, the opposite party had not complied with the directions. The court observed that a prima facie case of contempt existed but, in the interest of procedural fairness, declined to issue a notice and instead granted the opposite party an additional three months to comply. The court directed the applicant to provide stamped envelopes for service of the order and stipulated that the opposite party must inform the applicant of compliance within a week of receiving the order. The court further held that if compliance is not achieved, the applicant may approach the court again. Consequently, the contempt application was disposed of at this stage without any contempt finding.
Issues considered
- Whether a contempt of court application can be entertained without issuing a notice to the alleged contemnor.
- Whether the opposite party’s failure to comply with the order dated 28‑10‑2025 constitutes willful disobedience warranting contempt.
Subjects
- contempt of court
- willful disobedience
- writ jurisdiction
- compliance order
- procedural fairness
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6693 of 2026
Smt. Sheela Devi
.....Applicant(s)
Versus
Shri Dr. Arun Kumar Tiwari, Chief Medical
Officer .....Opposite
Party(s)
Counsel for Applicant(s) : Dhawal Srivastava, Santosh Kumar
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 filed for punishing the
Opposite Party for willful disobedience of the judgment and order dated
28.10.2025 in Writ A No. 15749 of 2025 (Smt. Sheela Devi V/s State of
U. P. and 3 others).
3. It is contended by learned counsel for the applicant that the applicant
had filed the aforesaid writ petition, which was disposed of vide order
dated 28.10.2025. Copy of the order was served but 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 three months further time to comply with the
order dated 28.10.2025 in Writ A No. 15749 of 2025 (Smt. Sheela Devi
V/s State of U. P. and 3 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 parties and another self-addressed envelope to
the office within two weeks from today. The office shall send a copy of
CAPL No. 6693 of 2026
2
this order along with the self-addressed envelope of the applicant with a
copy of contempt application to the opposite parties 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 23, 2026
Ashu
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
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