Allahabad High Court
KAMRAN AHMADversusSRI SATYENDRA KUMAR, DISTRICT MAGISTRATE AND 5 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court held that no contempt had occurred and therefore disposed of the contempt application.
Summary
The High Court disposed a civil contempt application filed by Kamran Ahmad against the District Magistrate and others. The application arose from a prior writ petition (Writ‑C No. 26542 of 2025) in which the Court had ordered that no demolition of the petitioners' constructions could occur except in accordance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The applicant conceded that no demolition had taken place and that a notice from the Varanasi Development Authority dated 4 May 2026 required a reply. The Court directed the applicant to file a reply within one week, attach a certified copy of the order, and directed the authority to take a final decision within two weeks. Finding no breach of the earlier order, the Court disposed of the contempt application.
Issues considered
- Whether the applicant is in contempt of the earlier writ order for failing to comply with the directive against demolition
- Whether the applicant must file a reply to the Varanasi Development Authority notice as per the court's direction
Legislation cited
Subjects
- contempt
- writ of mandamus
- land acquisition
- demolition
- compliance
- Varanasi Development Authority
- order disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 1239 of 2026
Kamran Ahmad
.....Applicant(s)
Versus
Sri Satyendra Kumar, District Magistrate And 5
Others .....Opposite
Party(s)
Counsel for Applicant(s) : Akanksha Srivastava, Quazi
Mohammad Akaram, Ziauddin
Farooqui
Counsel for Opposite Party(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. The writ Court in Writ-C No. 26542 of 2025 on 8.9.2025 had passed
the following order;
"1. Heard Ms. Ghazala Bano Quadri, learned counsel for the petitioners,
Shri Vineet Sankalp, learned counsel for respondent No. 5 and Shri Rajiv
Gupta, learned counsel for the State-respondents.
2. The petitioners have prayed for a writ of mandamus restraining the
respondents from demolishing their constructions or forcing them to sign
any agreement for parting with their property without following the
procedure prescribed under the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act,
2013.
3. Learned standing counsel has placed on record the instructions received
from Executive Engineer, Provincial Division, Public Work Department,
Varanasi, wherein, the stand taken is that certain land is required for
widening and beautification of the road but the land owners have not
given consent for sale/purchase of their land. The respondents would,
therefore, follow the procedure prescribed under the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013. It is also stated that at present, no demolition or
dispossession is being undertaken.
CAPL No. 1239 of 2026
2
4. In view of the aforesaid stand, the writ petition is disposed of by
providing that the respondents would not demolish any construction or
dispossess the petitioners except in accordance with law."
2. Learned counsel for applicant fairly conceded the fact that no
demolition has been carried out by the State authorities and a notice has
been by Varanasi Development Authority on 4.5.2026.
3. In view of the said fact, applicant is directed to file reply to the notice
sent by Varanasi Development Authority within one week from today. In
case, the said reply is filed by applicant alongwith a certified copy of this
order within one week, the authority concerned shall proceed with the
same and take a final call on the said reply, in accordance with law,
within next two weeks.
4. Contempt application stands disposed of.
(Rohit Ranjan Agarwal,J.)
May 6, 2026
Shekhar
Digitally signed by :-
SHASHI SHEKHAR PANDEY
High Court of Judicature at Allahabad
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