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2026 DAILYLAW 2938 (ALL)

KAMRAN AHMAD v. SRI SATYENDRA KUMAR, DISTRICT MAGISTRATE AND 5 OTHERS

CAPL/1239/2026 · 2026-05-05

Rohit Ranjan Agarwal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CONTEMPT APPLICATION (CIVIL) No. - 1239 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) : Kamran Ahmad .....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 fairly conceded the fact that no demolition has been carried out by the State authorities and a notice has been by Varanasi Development Authority on 4.5.2026. 3. In view of the said fact, applicant is directed to file reply to the notice sent by Varanasi Development Authority within one week from today. In case, the said reply is filed by applicant alongwith a certified copy of this order within one week, the authority concerned shall proceed with the same and take a final call on the said reply, in accordance with law, within next two weeks. 4. Contempt application stands disposed of. May 6, 2026 Shekhar CAPL No. 1239 of 2026 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad