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Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     30 July 2021

Is it manadatory to issue notice in a contempt case,

This a case where the Writ Petitioner have obtained interim orders of status quo while making me as unofficial respondent in a writ petition, later without informing the writ petitioners have executed 6 six registered Sale Deeds basing on a General Power of Attorney, in which one of the Principal died and later tried to knock away the peaceful possession of our land by axing the trees and tress passing by removing the boundary fencing, but could resist them with the help of Police and Revenue Departments basing on earlier final decree in a suit for declaration and for perpetual injunction as well as basing on the orders of High Court.

Now I want to proceed with contempt Petition against the writ petitioner for willful disobedience of Interim orders passed by the Hon'ble High Court. Is it mandatory to issue notice to the Writ Petitioners. If yes, how many days time I need to give them to comply the orders, can I proceed for obtain Civil and Criminal Contempt of court orders.



 2 Replies

Shubham Bhardwaj (Advocate)     30 July 2021

Dear Mr Rao, 

Although the wordings of your query are little confusing however I ll answer your query in principle.

No, you are not required to give any notice to the contemnors. Once you file a contempt petition, the HC will issue notice if prima facie contempt is made out.



Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh


Disclaimer:- Opinion is only for guidance. 

P. Venu (Advocate)     01 August 2021

Yes, no notice needs to be issued in moving a Contempt Petition.

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