CAPL/1222/2026 of ALIMUN NISHA Vs SRI SATYENDRA KUMAR, DISTRICT MAGISTRATE AND 5 OTHERS

HIGH COURT OF JUDICATURE AT ALLAHABAD CONTEMPT APPLICATION (CIVIL) No. - 1222 of 2026 Court No. - 9 HON'BLE ROHIT RANJAN AGARWAL, J. 1. The writ Court in Writ-C No. 26542 of 2025 on 8.9.2025 had passed the following order; "1. Heard Ms. Ghazala Bano Quadri, learned counsel for the petitioners, Shri Vineet Sankalp, learned counsel for respondent No. 5 and Shri Rajiv Gupta, learned counsel for the State-respondents. 2. The petitioners have prayed for a writ of mandamus restraining the respondents from demolishing their constructions or forcing them to sign any agreement for parting with their property without following the procedure prescribed under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 3. Learned standing counsel has placed on record the instructions received from Executive Engineer, Provincial Division, Public Work Department, Varanasi, wherein, the stand taken is that certain land is required for widening and beautification of the road but the land owners have not given consent for sale/purchase of their land. The respondents would, therefore, follow the procedure prescribed under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. It is also stated that at present, no demolition or dispossession is being undertaken. Versus Counsel for Applicant(s) : Akanksha Srivastava, Quazi Mohammad Akaram, Ziauddin Farooqui Counsel for Opposite Party(s) : Alimun Nisha .....Applicant(s) Sri Satyendra Kumar, District Magistrate And 5 Others .....Opposite Party(s) 4. In view of the aforesaid stand, the writ petition is disposed of by providing that the respondents would not demolish any construction or dispossess the petitioners except in accordance with law." 2. Learned counsel for applicant submits that Nagar Nigam Varanasi had issued a demolition notice on 23.4.2026 which has been affixed on the house of applicant on 27.4.2026 for which a reply has been submitted by the applicant on 28.4.2026. 3. Sri Bipin Bihari Pandey, learned counsel appearing for Nagar Nigam Varanasi states that Nagar Nigam Varanasi was not impleaded as a party during writ proceedings and only notice has been issued by Nagar Nigam. He further submits that no demolition activity has been carried out till date. 4. In view of the said fact, as no demolition has been carried out by the State authorities and already a reply has been submitted by the applicant on 28.4.2026 to the notice issued by Nagar Nigam Varanasi on 23.4.2026, contempt application is disposed of requiring the Nagar Nigam Varanasi to proceed with the reply submitted by the applicant on 28.4.2026 and take a final call on the same, in accordance with law, within next two weeks from the date of receipt of a certified copy of this order.  May 6, 2026 Shekhar CAPL No. 1222 of 2026 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad