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Allahabad High Court

SIRAJ SIDDIQUIversusSRI. SATYENDRA KUMAR, DISTRICT MAGISTRATE VARANASI AND 5 OTHERS

Decided

Holding

The contempt application is dismissed as no case for contempt is made out.

Summary

The applicant, Siraj Siddiqui, filed a contempt application (Civil) No.1240 of 2026 against the District Magistrate of Varanasi and five others, seeking to enforce a writ (Writ‑C No.15207 of 2025) that had been disposed on 20‑May‑2025. The respondent Nagar Nigam, Varanasi, argued that it was never a party to the original writ petition and had only issued notices on 20‑April‑2026. The applicant contended that he had replied to the first notice. The Court observed that neither Nagar Nigam nor the Varanasi Development Authority were parties to the writ proceedings, yet they were named as opposite parties in the contempt proceedings. After examining the records, the Court found no material to constitute contempt of court. Consequently, the contempt application was dismissed.

Issues considered

  • Whether the contempt of court application is maintainable when the alleged contemnor was not a party to the original writ proceedings
  • Whether the facts alleged constitute a case of contempt of court

Subjects

  • contempt of court
  • writ petition
  • procedural law
  • party status
  • High Court
  • civil contempt
  • jurisdiction

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CONTEMPT APPLICATION (CIVIL) No. - 1240 of 2026

                                    Siraj Siddiqui
                                                                                                 .....Applicant(s)
                                                                       Versus

                                    Sri. Satyendra Kumar, District Magistrate Varanasi
                                    And 5 Others                                                     .....Opposite
                                                                                                           Party(s)

                                    Counsel for Applicant(s)      : Mohammad     Asadulah,                  Quazi
                                                                    Mohammad      Akaram,                   Shoar
                                                                    Mohammad Khan
                                    Counsel for Opposite Party(s) :

                                    Court No. - 9
                                                    HON'BLE ROHIT RANJAN AGARWAL, J.

                                    1. Personal affidavit filed by opposite party no. 1 today is taken on record.
                                    Writ-C No. 15207 of 2025 filed by the applicant was disposed of on
                                    20.5.2025.

                                    2. Sri Bipin Bihari Pandey, learned counsel appearing for Nagar Nigam,
                                    states that Nagar Nigam Varanasi was not arrayed as a party in writ
                                    petition and only notices have been issued by Nagar Nigam on 20.4.2026.

                                    3. Learned counsel for applicant states that his client has filed reply to the
                                    first notice issued by Nagar Nigam, Varanasi.

                                    4. After perusing the records of case and considering the submissions
                                    advanced by Sri Anoop Trivedi, learned AAG and Sri B.B. Pandey,
                                    learned CSC, I find that neither Nagar Nigam nor Varanasi Development
                                    Authority were arrayed as a party in writ proceedings but in contempt
                                    proceedings Varanasi Development Authority and Nagar Nigam Varanasi
                                    have been arrayed as opposite party.

                                    5. From perusal of the order of writ Court and records of contempt
                                    application, no case for contempt is made out. Contempt application
                                    stands dismissed.

                                    May 6, 2026
                                    Shekhar

                                                                                     (Rohit Ranjan Agarwal,J.)



Digitally signed by :-
SHASHI SHEKHAR PANDEY
High Court of Judicature at Allahabad


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