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Allahabad High Court

ABDUL SALAM QURAISHIversusSRI. SATYENDRA KUMAR, DISTRICT MAGISTRATE AND 5 OTHERS

Decided

Holding

No case for contempt was made out as the Varanasi Development Authority and Nagar Nigam Varanasi were not parties to the writ petition, leading to dismissal of the contempt application.

Summary

The applicant, Abdul Salam Quraishi, filed a writ (Writ‑C No. 36790 of 2025) which was disposed on 29‑Oct‑2025. Subsequently, he initiated contempt proceedings against officials of the Varanasi Development Authority, Nagar Nigam Varanasi and the District Magistrate, alleging non‑compliance with demolition orders. The respondent counsel argued that neither the Development Authority nor the Nagar Nigam were parties to the original writ and that no demolition had been carried out, only notices were issued. The Court held that contempt cannot be invoked where the alleged violators were not parties to the writ and no contemptuous act was established. Consequently, the contempt application was dismissed.

Issues considered

  • Whether contempt proceedings can be maintained against authorities that were not parties to the original writ petition.
  • Whether the issuance of demolition notices, without actual demolition, constitutes contempt of court.

Subjects

  • contempt of court
  • writ petition
  • jurisdiction
  • Varanasi Development Authority
  • Nagar Nigam
  • demolition notice

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CONTEMPT APPLICATION (CIVIL) No. - 1558 of 2026

Abdul Salam Quraishi
                                                           .....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. 36790 of 2025 which
was disposed of on 29.10.2025.

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 applicant 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. 1558 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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