Allahabad High Court
JAGDISH YADAVversusSHRI KUMAR SAURABH, SUB DIVISIONAL MAGISTRATE, TEHSIL-MACHALISHAHAR
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court did not proceed with contempt proceedings but granted the respondent additional time to comply and disposed of the application.
Summary
The applicant Jagdish Yadav filed a contempt application against Sub Divisional Magistrate Shri Kumar Saurabh for allegedly refusing to comply with the High Court's order dated 7 January 2025 in Application U/S 482 No. 61 of 2025. The order had been served on 17 January 2025, but the respondent had not acted on it. The Court examined whether the respondent's non‑compliance amounted to willful disobedience warranting contempt proceedings. While it found a prima facie case of contempt, the Court declined to issue a notice and instead granted the respondent an additional three months to comply. The Court directed the applicant to provide stamped envelopes for service of the order and held that if compliance is still not achieved, the applicant may approach the Court again. The contempt application was therefore disposed of at this stage.
Issues considered
- Whether the respondent's failure to comply with the order dated 7.1.2025 constitutes willful disobedience amounting to contempt of court
- Whether notice is required before proceeding with contempt proceedings in this context
Subjects
- contempt
- willful disobedience
- order compliance
- High Court
- civil contempt
- notice
- procedural direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 3020 of 2026
Jagdish Yadav
.....Applicant(s)
Versus
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
CAPL No. 3020 of 2026
2
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
Digitally signed by :-
SHASHI SHEKHAR PANDEY
High Court of Judicature at Allahabad
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