Allahabad High Court
MOHAMMAD TASLIMversusSHRI SATYENDRA KUMAR POSTED AS DISTRICT MAGISTRATE AND 4 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
No case for contempt was made out; the contempt application was dismissed.
Summary
The applicant, Mohammad Taslim, filed a contempt application against a district magistrate and officials of the Nagar Nigam Varanasi, alleging non‑compliance with a notice issued under Section 331(1)(2) of the Uttar Pradesh Nagar Nigam Adhiniyam, 1959. The applicant had earlier filed Writ‑C No. 4169 of 2026, which was disposed of on 4 February 2026. The respondent’s counsel, Bipin Bihari Pandey, argued that the notice remained unanswered and that no demolition activity had been undertaken, but contended that the Nagar Nigam was not a party to the writ proceedings and that only a notice, not an order, had been issued. The Court examined whether the failure to respond to the notice amounted to contempt of court. Finding that the statutory notice did not create a contemptuous act and that the Nagar Nigam was not a proper party to the contempt proceedings, the Court held that no case for contempt was made out. Consequently, the contempt application was dismissed.
Issues considered
- What constitutes contempt of court in the context of a statutory notice issued under Section 331(1)(2) of the U.P. Nagar Nigam Adhiniyam, 1959?
- Whether the Nagar Nigam Varanasi, not being a party to the original writ proceedings, can be subjected to contempt proceedings.
Legislation cited
- U.P. Nagar Nigam Adhiniyam, 1959 — s. 331(1), 331(2)
Subjects
- contempt of court
- municipal law
- Uttar Pradesh Nagar Nigam Act
- statutory notice
- jurisdiction
- civil contempt
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 1595 of 2026
Mohammad Taslim
.....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. 4169 of 2026 which
was disposed of on 4.2.2026.
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 which has remained unattended till date.
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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