Allahabad High Court
MOHAMMAD HASHIM AND ANOTHERversusSRI. SATYENDRA KUMAR, DISTRICT MAGISTRATE AND 5 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
No contempt exists where the alleged contemnor was not a party to the writ petition, so the contempt application must be dismissed.
Summary
The applicants, Mohammad Hashim and another, filed a contempt application (CIVIL) No. 1557 of 2026 against officers of the Varanasi Development Authority, Nagar Nigam Varanasi, and the District Magistrate, alleging contempt for alleged demolition activities. The contempt proceedings stemmed from a prior writ (Writ-C No. 15206 of 2025) which had been disposed of on 20 May 2025. The respondents argued that neither the Development Authority nor the Nagar Nigam were parties to the earlier writ and that no demolition had been carried out, only notices for demolition were issued. The Court directed the applicants to file a reply to the notice issued by the Development Authority. Upon review, the Court held that no case for contempt existed because the authorities were not parties to the writ petition. Consequently, the contempt application was dismissed.
Issues considered
- The contempt application is maintainable when the alleged contemnor was not a party to the original writ petition.
Subjects
- contempt
- writ petition
- jurisdiction
- parties to suit
- demolition notice
- Varanasi Development Authority
- Nagar Nigam Varanasi
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 1557 of 2026
Mohammad Hashim And Another
.....Applicant(s)
Versus
Sri. Satyendra Kumar, District Magistrate And 5
Others .....Opposite
Party(s)
Counsel for Applicant(s) : Akanksha Srivastava, Arshi Begum,
Quazi Mohammad Akaram
Counsel for Opposite Party(s) : Bipin Bihari Pandey
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. Personal affidavit of opposite party no. 1 has been filed today, which is
taken on record.
2. Applicant before this Court had filed Writ-C No. 15206 of 2025 which
was disposed of on 20.5.2025.
3. Contempt proceedings were initiated by the applicant against the
officers of Varanasi Development Authority, Nagar Nigam Varanasi as
well as the District Magistrate,Varanasi.
4. Sri Bipin Bihari Pandey, learned counsel, has put in appearance on
behalf of Nagar Nigam Varanasi and states that neither Varanasi
Development Authority nor Nagar Nigam Varanasi were arrayed as a
party in writ proceedings. According to him, no demolition activity has
been carried out by the State authorities. He further submits that only
notices have been issued by Varanasi Development Authority for
demolishing the house in question.
5. Let a reply be filed by the applicants to the notice issued by Varanasi
Development Authority.
6. No case for contempt is made out as neither Varanasi Development
Authority nor Nagar Nigam Varanasi were arrayed as party in writ
petition filed by the applicants.
CAPL No. 1557 of 2026
2
7. Contempt application stands dismissed.
(Rohit Ranjan Agarwal,J.)
May 6, 2026
Shekhar
Digitally signed by :-
SHASHI SHEKHAR PANDEY
High Court of Judicature at Allahabad
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