Mohammad Shamsuddin Quraishi vs Sri Satyendra Kumar and 5 Others

HIGH COURT OF JUDICATURE AT ALLAHABAD

CONTEMPT APPLICATION (CIVIL) No. - 2348 of 2026

Mohammad Shamsuddin Quraishi

.....Applicant(s) Versus Sri Satyendra Kumar And 5 Others .....Opposite Party(s) Counsel for Applicant(s) : Quazi Mohammad Akaram Counsel for Opposite Party(s) :

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Court No. - 9

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HON'BLE ROHIT RANJAN AGARWAL, J.

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The applicant, before this Court, is tenant of House No. CK-67/27, Fatak Sheikh Saleem, Varanasi. Apprehending demolition of his shop, he had approached this Court through Writ-C No. 36395 of 2025 which was disposed of on 27.10.2025 in light of the decision rendered in case of Shahnawaz Khan vs. State of U.P. and others, Writ C No.12319 of 2025 , decided on 20.05.2025, and following order was passed:-

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"1. Heard Mr. Quazi Mohammad Akaram,, learned counsel for the petitioners and Shri Ambrish Shukla, learned Additional Chief Standing Counsel appearing for the State respondents.

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2. The instant writ petition has been preferred with the prayer to quash the impugned Government Order dated 31.03.2025 and order dated 30.07.2025 issued by Joint Secretary, Uttar Pradesh Government, U.P. at Lucknow. It is further prayed to command the respondents to grant fair compensation, rehabilitation and relocation to the petitioners and similarly placed tenants/shopkeepers under the Right to Fair Compensation and Resettlement Act 2013 (in short the 'Act 2013') and also not to demolish the shops and structures of the petitioners, without due process of law.

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3. Learned counsel for the petitioner apprises the Court that the controversy in hand is squarely covered by the judgement and order dated 20.05.2025 passed in Writ C No.12319 of 2025 (Shahnawaz Khan vs. State of U.P. and others). The said order was relied upon by the Division Bench while passing the order dated 21.05.2025 in Writ-C

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CAPL No. 2348 of 2026

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No.16448 of 2025 (Rahul Arora and others vs. State of U.P. and others). 4. For ready reference, the operative portion of order dated 20.05.2025 is quoted as under:-

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"5. The District Magistrate, Varanasi has filed his affidavit on behalf of the State-respondents. The stand taken therein is that the StateGovernment is proposing to widen and strengthen Dal Mandi road. On 20.3.2025 a preliminary estimate was sent to the State Government for the said purpose. The total estimated cost was Rs. 22059.46 lakhs. Subsequently, a revised estimate was also submitted. The Public Works Department made demarcation of the land/houses which would be affected by widening under the proposed work. It is unequivocally stated in the affidavit that the respondents would acquire title over the land/building which would be affected by the proposed project on basis of mutual consent or through acquisition under the provisions of the Act of 2013. The relevant assertions contained in this regard in paragraphs 13, 14 and 15 are extracted below:-

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"13-That, the widening and strengthening of the road in question will be completed after the settling the dispute amicably either by purchasing the land in question as provisions of the government order No. 2/2015/215/??-13-2015-20(48)/2011 dated 19.03.2015, with mutual consent/agreement or as per the prescribed provisions under the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013. A true copy of the government order dated 19/03/2015 is being filed herewith and marked as Annexure No. 4 to the affidavit.

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14-That widening and strengthening of the road in question would be completed after providing the compensation under the provisions of the government order (supra), and if the land owner does not give his consent, then the provisions of the Act of 2013 would be applied.

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15-That at present, there is no demolition drive going on adjacent of the road side of the road in question for road widening, those land owners come in purview in the alignment of the road widening and strengthening of the road in question they must be dealt with under the due process of law and no one have deprive their legal rights."

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6. Sri M.C. Chaturvedi, learned Additional Advocate General assisted by Sri Rajeev Singh, learned Standing Counsel appearing for the State submits that the respondents would not disturb the possession of the

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CAPL No. 2348 of 2026

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petitioner nor demolish his constructions unless title over the same is acquired through voluntary transfer or by compulsory acquisition or any other mode recognized under law.

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7. Keeping in mind the aforesaid stand, the writ petition stands disposed of in terms of the same."

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5. So far as factual and legal aspect, the same is not disputed by learned Additional Chief Standing Counsel.

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6. Considering the facts and circumstances of the case, we are of the opinion that similar indulgence is liable to be accorded in the instant matter also. The present writ petition is disposed of in the same terms as have been given in Shahnawaz Khan (Supra). "

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In the personal affidavit filed by District Magistrate, Varanasi, it has been stated in para no. 10 that the said house has been sold by its owners Smt. Irfana Bano, Smt. Tabassum Parveen, Smt. Nasrin Bano, Smt. Razia Khatoon, Sri Irshad Ahmad, Sri Asfaq Ahmad, Sri Dilsad Ahmad and Sri Azaz Ahmad in favour of Public Works Department for a sale consideration of Rs.88,24,252/-. Copy of the sale-deed has been appended as annexure-2 to personal affidavit.

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The order of writ Court was to the extent that title was to be acquired through voluntary transfer or by compulsory acquisition or any other mode recognized under law. In the instant case, the land along with structure has been purchased by the authorities through registered sale-deed.

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In view of above, no case for contempt is made out as the order of writ Court has been complied with.

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The contempt application is misconceived and stands dismissed.

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(Rohit Ranjan Agarwal,J.)

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May 7, 2026 (V. S. SINGH)

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Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad

Mohammad Shamsuddin Quraishi v. Sri Satyendra Kumar and 5 Others

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Mohammad Shamsuddin Quraishi v. Sri Satyendra Kumar and 5 Others

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