Allahabad High Court
GAYASUDDIN AHAMADversusSHRI SATYENDRA KUMAR POSTED AS DISTRICT MAGISTRATE AND 4 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The issuance of a statutory notice, without any disobedience of a court order, does not constitute contempt of court.
Summary
The applicant, Gayasuddin Ahamad, filed a contempt application against State officials and officials of Nagar Nigam Varanasi, alleging non‑compliance with a notice. The respondent, represented by counsel Bipin Bihari Pandey, submitted that a notice under Section 331(1)(2) of the U.P. Nagar Nigam Adhiniyam, 1959 had been issued to the applicant, which remained unanswered, and that no demolition activity had been undertaken by the State. The respondent further argued that Nagar Nigam Varanasi was not a party to the earlier writ proceedings and that the contempt proceedings were improperly directed at the Municipal Commissioner merely for the issuance of a notice. The Court examined whether the issuance of a statutory notice without a response constituted contempt of court. Finding that the mere issuance of a notice, without any act of disobedience of a court order, does not amount to contempt, the Court held that no case for contempt was made out and dismissed the application.
Issues considered
- Whether the issuance of a notice under Section 331(1)(2) of the U.P. Nagar Nigam Adhiniyam, 1959, without a response, constitutes contempt of court.
- Whether Nagar Nigam Varanasi can be held in contempt for actions taken in a matter where it is not a party to the original writ proceedings.
Legislation cited
- U.P. Nagar Nigam Adhiniyam, 1959 — s. 331(1)(2)
Subjects
- contempt of court
- municipal law
- notice
- jurisdiction
- writ proceedings
- U.P. Nagar Nigam Adhiniyam
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 1563 of 2026
Gayasuddin Ahamad
.....Applicant(s)
Versus
Shri Satyendra Kumar Posted As District
Magistrate And 4 Others .....Opposite
Party(s)
Counsel for Applicant(s) : Mohammad Khalid
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. 15192 of 2025 which
was disposed of on 20.5.2025.
3. Contempt proceedings were initiated by the applicant against the State
officials as well as officials of Nagar Nigam.
4. Sri Bipin Bihari Pandey, learned counsel, has put in appearance on
behalf of Nagar Nigam Varanasi and states that a notice under Section
331 (1) (2) of U.P. Nagar Nigam Adhiniyam, 1959 has been issued
against the applicant which has not been responded till date. According to
him, no demolition activity has been carried out by the State authorities.
He further submits that Nagar Nigam Varanasi is not a party in writ
proceedings and contempt proceedings have been initiated against the
Municipal Commissioner, Nagar Nigam Varanasi, while only a notice has
been issued by Nagar Nigam.
5. No case for contempt is made out. 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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