Jagdish Yadav vs Shri Kumar Saurabh, Sub Divisional ...
- Neutral2026:AHC:104114
Ratio decidendi
The rule this decision rests on
Where a contempt application alleges willful disobedience of a court order, and prima facie a case for such disobedience is made out, the court may issue directions requiring the parties to comply with the original order through a structured procedure of service by registered post and self-addressed envelopes, with opportunity for the contemnor to comply before further contempt proceedings are initiated.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Shri Kumar Saurabh, Sub Divisional Magistrate, Tehsil-Machalishahar
.....Opposite Party(s)
Counsel for Applicant(s)
:
Bhaiya Lal Yadav, Dinesh Kumar Yadav
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 for punishing the Opposite Party for willful disobedience of the judgment and order dated 7.1.2025 passed by this Court in Application U/S 482 No. 61 of 2025.
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 7.1.2025. Copy of the order was served on 17.1.2025 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 7.1.2025 passed by this Court in Application U/S 482 No. 61 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 parties and another sef-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 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.
(Rohit Ranjan Agarwal,J.)
May 6, 2026
Shekhar
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