Shiv Kumar Sharma vs Sri Devendra Kumar Gupta, District Inspector of Schools and Another — Allahabad HC (2026) — LawSathi Research

Shiv Kumar Sharma vs Sri Devendra Kumar Gupta, District Inspector of Schools and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Last opportunity granted to the opposite party to duly comply with the order of the writ Court; opposite party directed to hear the applicant in person on 30.03.2026 at 11:30 AM, take and duly consider all documents placed by the applicant, and pass a fresh order complying with the order dated 18.07.2025; matter listed on 06.04.2026.

Issue for consideration

Whether the opposite party (District Inspector of Schools, Ballia) has complied with the order dated 18.07.2025 passed in Writ-A No. 21631 of 2004 and with the order dated 13.02.2026 of this Court. +1 more

Court's answer

No compliance of the order dated 13.02.2026 has been done by the District Inspector of Schools, Ballia.

Ratio / Principle

The order dated 18.07.2025 passed in Writ-A No. 21631 of 2004 has not been complied with.

Key takeaways

No opportunity was given to the applicant before the order was passed, nor was any notice issued intimating the time when the hearing was to take place before the order was passed by the opposite party.ratio¶19
The opposite party passed the order dated 07.01.2026 in a cursory manner, without complying with the order of the writ Court and without affording any opportunity of hearing to the applicant.ratio¶20
A last opportunity was granted to the opposite party to duly comply with the order of the writ Court; the opposite party was directed to hear the applicant in person on 30.03.2026 at 11:30 AM, take and duly consider all documents placed before it by the applicant, and pass a fresh order complying with the order dated 18.07.2025; the matter was listed on 06.04.2026 for the opposite party to place the decision taken.

Detailed headnote1 paragraphs

Contempt — non-compliance with writ Court order dated 18.07.2025 in Writ-A No. 21631 of 2004 — order dated 07.01.2026 passed by opposite party (District Inspector of Schools, Ballia) without fixing any date, without notice and without affording opportunity of hearing to the applicant — held: order passed in a cursory manner and in non-compliance of the writ Court's order and of this Court's order dated 13.02.2026 — last opportunity granted to the opposite party to comply — opposite party directed to hear the applicant in person on 30.03.2026 at 11:30 AM, consider all documents placed by the applicant, and pass a fresh order in compliance with the order dated 18.07.2025 — matter listed on 06.04.2026.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CONTEMPT APPLICATION (CIVIL) No. - 6201 of 2025

Shiv Kumar Sharma

.....Applicant(s)

Versus

Sri Devendra Kumar Gupta, District Inspector Of Schools And Another .....Opposite Party(s) Counsel for Applicant(s) : Ashok Kumar Pandey Counsel for Opposite Party(s) :

Court No. - 9

HON'BLE ROHIT RANJAN AGARWAL, J.

On 13.02.2026, following order was passed:

"1. Reply to the affidavit of compliance has been filed today, which is taken on record.

2. Learned counsel for the applicant submits that the order of the writ Court was not complied to the extent that no specific date was fixed by the authorities, nor any opportunity of hearing was accorded to the applicant before passing of the dated 07.01.2026.

3. Learned Standing Counsel is directed to seek instructions in the matter from District Inspector of Schools, Ballia and also bring on record the material to demonstrate that the applicant was accorded opportunity of hearing and he presented himself before the authority before the order was passed.

4. The aforesaid exercise shall be carried out, within a period of two weeks from today.

5. List this matter after two weeks."

Today, instructions have come from the office of the District Inspector of Schools, Ballia, which is taken on record.

From the perusal of the instructions, this Court finds that no

CAPL No. 6201 of 2025

2

compliance of the order dated 13.02.2026 has been done by the District Inspector of Schools, Ballia. This Court further finds that the order dated 18.07.2025 passed in Writ-A No. 21631 of 2004 has also not been complied with and no opportunity was given to the applicant before the order was passed nor any notice was issued intimating the time when the hearing was to take place before the order is passed by the opposite party.

It appears that the opposite party has passed the order on 07.01.2026 in a cursory manner without complying the order of the writ Court and without affording any opportunity of hearing to the applicant.

In view of the said fact, a last opportunity is granted to the opposite party to duly comply the order of the writ Court. This Court directs the opposite party to hear the applicant in person on 30.03.2026 at 11:30 AM in the morning and take all the documents which is placed before it by the applicant. A due consideration shall be given by the opposite party to all the documents given by the applicant and after hearing the applicant, the opposite party shall pass a fresh order complying the order dated 18.07.2025.

List this matter on 06.04.2026. On that date, the opposite party shall place before the Court the decision taken by him in pursuance of the order of the writ Court.

(Rohit Ranjan Agarwal,J.)

March 9, 2026

A. V. Singh

Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad