Rais Bano vs Dr. Mahendra Dev, Director, Secondary Education U.P. Lko. — Allahabad HC (2026) — LawSathi Research

Rais Bano vs Dr. Mahendra Dev, Director, Secondary Education U.P. Lko. — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Contempt application dismissed; liberty reserved to the applicant/petitioner to approach appropriate Forum/Court against the order dated 24.04.2026 if aggrieved by it; notice, if any, stands discharged.

Issue for consideration

Whether the order of the writ court, compliance whereof was sought through this contempt application, has been complied with by deciding the representation of the applicant/petitioner. +1 more

Court's answer

Taking note of the affidavit of compliance, the Court proceeded on the basis that the order of the writ court has been complied with by deciding the representation of the applicant/petitioner vide order dated 24.04.2026 (Annexure No.CA-1 to the affidavit of compliance).

Ratio / Principle

On due consideration of the observations made in the cited pronouncements, this Court holds that merit of the case cannot be decided in the contempt jurisdiction.

Key takeaways

The instant contempt petition/application is liable to be dismissed and is accordingly dismissed, with liberty to the applicant/petitioner to approach an appropriate Forum/Court against the order dated 24.04.2026 if aggrieved thereby.ratio¶15

Detailed headnote1 paragraphs

Contempt Application (Civil) No. 1432 of 2026 (Rais Bano v. Dr. Mahendra Dev, Director, Secondary Education U.P.), High Court of Judicature at Allahabad, Lucknow Bench, Court No. 7 (Hon'ble Saurabh Lavania, J.) - DISMISSED, May 14, 2026. Shri G.K. Singh, learned State Counsel, filed affidavit of compliance (taken on record) stating that the order of the writ court had been complied with by deciding the applicant/petitioner's representation vide order dated 24.04.2026, annexed as Annexure No.CA-1. Taking note of pronouncements including J.S. Parihar v. Ganpat Duggar (AIR 1997 SC 113), Lalit Mathur v. L. Maheswara Rao ((2000) 10 SCC 285), Ashok Kumar Pandey v. Ashok Kumar Singh (2003 (5) AWC 4393), Brahma Deo Tiwari v. Alok Tandon (2004 (1) AWC 543), Shail Raj Kishore and others (2004 (3) AWC 2444), Anil Kumar Shahi (2) v. Prof. Ram Sevak Yadav ((2008) 14 SCC 115) and Hari Raj Kishore v. Shiv Prasad Dubey (2007(1) JCLR 639), according to which merit of the case cannot be decided in the contempt jurisdiction, the Court held the application liable to be dismissed and dismissed it, reserving liberty to the applicant/petitioner to approach an appropriate Forum/Court against the order dated 24.04.2026 if aggrieved by it; notice, if any, stood discharged.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CONTEMPT APPLICATION (CIVIL) No. - 1432 of 2026

Rais Bano

.....Applicant(s)

Versus

Dr. Mahendra Dev, Director, Secondary Education U.P. Lko.

.....Opposite Party(s)

Counsel for Applicant(s)	: Ashutosh Kumar Srivastava, Azam Khan
Counsel for Opposite Party(s)	:

Court No. - 7

HON'BLE SAURABH LAVANIA, J.

1. Heard.

Shri G.K. Singh, learned State Counsel has filed affidavit of compliance, after providing copy of the same to the learned counsel for the petitioner, which is taken on record.

Based upon the affidavit of compliance, it is stated that the order of the writ court has been complied with by deciding the representation of the applicant/petitioner vide order dated 24.04.2026, annexed as Annexure No.CA-1 to the affidavit of compliance.

Taking note of the aforesaid as also the observations made in various pronouncements, including rendered in the case(s) of J.S. Parihar Vs. Ganpat Duggar and others, AIR 1997 Supreme Court 113; Lalit Mathur Vs. L. Maheswara Rao, (2000) 10 SCC 285; Ashok Kumar Pandey Vs. Ashok Kumar Singh, D.I.O.S., Ballia and others, 2003 (5) AWC 4393; Brahma Deo Tiwari Vs. Alok Tandon, District Magaistrate, Allahabad, 2004 (1) AWC 543; Shail Raj Kishore, Secretary, Education Basic, U.P. Lucknow and others, 2004 (3) AWC 2444; Anil Kumar Shahi (2) Vs. Prof. Ram Sevak Yadav, (2008) 14 Supreme Court Cases 115 and Hari Raj Kishore Vs. Shiv Prasad Dubey, 2007(1) JCLR 639 , according to which merit of the case cannot be decided in the contempt jurisdiction.

Upon due consideration of the aforesaid, this Court is of the view that the instant contempt petition/application is liable to be dismissed. It is accordingly dismissed. It is however with liberty to the applicant/petitioner to approach appropriate Forum/Court against the order dated 24.04.2026, if so aggrieved by it.

Notice, if any, stands discharged.

May 14, 2026 ML/-

(Saurabh Lavania,J.)

Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench