Allahabad High Court
AHMAD BELALversusSHRI SATYENDRA KUMAR AND 4 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
No case for contempt was made out; the contempt application was dismissed.
Summary
The applicant, Ahmad Belal, filed a contempt application against State officials and the Municipal Commissioner of Nagar Nigam Varanasi, alleging non‑compliance with a notice issued under Section 331(1)(2) of the Uttar Pradesh Nagar Nigam Adhiniyam, 1959. The respondent, represented by counsel Bipin Bihari Pandey, argued that the notice had not been responded to and that no demolition activity had been undertaken, but contended that Nagar Nigam Varanasi was not a party to the earlier writ proceedings. The court examined whether the issuance of the notice and the lack of response amounted to contempt of court. It held that the mere issuance of a notice without any substantive act does not constitute contempt, and that the municipal body was not a party to the writ, rendering the contempt claim untenable. Consequently, the contempt application was dismissed.
Issues considered
- Whether the issuance of a notice under Section 331(1)(2) of the U.P. Nagar Nigam Adhiniyam, 1959, and the failure to respond to it amount to contempt of court.
- Whether Nagar Nigam Varanasi, not being a party to the original writ proceedings, can be held in contempt.
Legislation cited
- U.P. Nagar Nigam Adhiniyam, 1959 — s. 331(1), 331(2)
Subjects
- contempt of court
- municipal law
- Uttar Pradesh Nagar Nigam Act
- notice
- jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 1698 of 2026
Ahmad Belal
.....Applicant(s)
Versus
Shri Satyendra Kumar 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. 18298 of 2025 which
was disposed of on 2.7.2025.
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 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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