Allahabad High Court

SHOAIB AHAMAD KHANversusSHRI SATYENDRA KUMAR POSTED AS DISTRICT MAGISTRATE AND 4 OTHERS

Decided: 5 May 2026
Bench: ROHIT RANJAN AGARWAL

Holding

No case for contempt is made out; the contempt application is dismissed.

Summary

The applicant, Shoaib Ahamad Khan, filed a contempt application against State officials and the Nagar Nigam Varanasi, alleging non‑compliance with a notice. The court noted that a personal affidavit of the opposite party was filed and that the applicant’s earlier writ petition (Writ‑C No. 39496 of 2025) had been disposed of on 13‑Nov‑2025. Counsel for the Nagar Nigam argued that only a notice under Section 331(1)(2) of the U.P. Nagar Nigam Adhiniyam, 1959 had been issued and that no demolition activity had been undertaken, and that the municipal body was not a party to the writ. The court examined whether the issuance of a notice without a response, and the lack of a party status, could constitute contempt. It concluded that the facts did not establish any contempt of court. Consequently, the contempt application was dismissed.

Issues considered

Whether a notice issued under Section 331(1)(2) of the U.P. Nagar Nigam Adhiniyam, 1959, and not responded to, amounts to contempt of court.
Whether Nagar Nigam Varanasi can be held in contempt when it is not a party to the underlying writ proceedings.
Whether the applicant’s contempt application is maintainable in the circumstances.

Legislation cited

U.P. Nagar Nigam Adhiniyam, 1959 — s. 331(1)(2)

Subjects

contempt of court
municipal corporation
notice under statutory provision
jurisdiction
writ petition

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 1577 of 2026

Shoaib Ahamad Khan
.....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. 39496 of 2025 which
was disposed of on 13.11.2025.

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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