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Allahabad High Court

SHAHIDA BANOversusSHRI SATYENDRA KUMAR POSTED AS DISTRICT MAGISTRATE AND 4 OTHERS

Decided

Holding

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

Summary

The applicant, Shahida Bano, filed a contempt application against State officials and officials 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, contended that the notice had not been responded to and that no demolition activity had been undertaken, but argued that Nagar Nigam Varanasi was not a party to the earlier writ proceedings and that only a notice, not an order, had been issued. The Court examined whether the circumstances amounted to contempt of court. It held that the mere issuance of a notice without a court order does not constitute contempt and that the municipal corporation was not a proper party to the contempt proceedings. Consequently, the Court dismissed the contempt application. The decision was delivered by Justice Rohit Ranjan Agarwal on May 6, 2026.

Issues considered

  • Whether the issuance of a notice under Section 331(1)(2) of the U.P. Nagar Nigam Adhiniyam, 1959, without a response, 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.

Legislation cited

Subjects

  • contempt of court
  • municipal corporation
  • notice under statutory provision
  • jurisdiction
  • writ proceedings

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CONTEMPT APPLICATION (CIVIL) No. - 1717 of 2026

                                    Shahida Bano
                                                                                               .....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. 17969 of 2025 which
                                    was disposed of on 7.7.2025.

                                    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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