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2025 DAILYLAW 169716 (ALL)

DEVESH KUMAR SINGH v. MRS MONIKA UMRAO EXECUTIVE OFFICER, NAGAR PANCHYAT-UGU, DISTT UNNAO AND OTHERS

CAPL/4486/2023 · 2025-09-04

Manish Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 4486 of 2023 Court No. - 17 HON'BLE MANISH KUMAR, J. 1. The present contempt application has been preferred for alleged non- compliance of judgement and order dated 28.04.2023 passed in Writ-C No.3129 of 2023, the relevant extract of the order is quoted hereinbelow: "Petitioner claims that all five brothers have given no objection in the form of an affidavit filed before the Nagar Panchayat, however, counsel for the Nagar Panchayat says that all five brothers were summoned to Nagar Panchayat to verify the veracity of the affidavit and he is not aware as to whether they appeared or not. Be that as it may, let the mutation proceedings, if any, be concluded within two months as per law after hearing the affected parties and the decision be communicated to the petitioner and such other legal heirs / legal representatives of deceased Vimla Devi accordingly. Petitioner is at liberty to comply the formalities before Nagar Panchayat." 2. Learned counsel for the respondent has submitted that compliance affidavit has already been filed in the present case in which the order dated 19.01.2024 has been enclosed whereby the case of the applicant has been decided. 3. In reply thereto, learned counsel for the applicant has drawn the attention of this Court to Para 4 of the compliance affidavit dated 12./15.2.2024 filed by the Respondent No.1 and has submitted that the Versus Counsel for Applicant(s) : Neelima Sharma Counsel for Opposite Party(s) : Ram Kumar Singh Devesh Kumar Singh .....Applicant(s) Mrs Monika Umrao Executive Officer, Nagar Panchyat-Ugu, Distt Unnao And Others .....Opposite Party(s) dates have wrongly been mentioned or the dates were given prior to passing of the judgment and order passed by the Writ Court, so respondent was apprehending the future order passed by the writ court. She has further submitted that though the application has been decided by order dated 19.01.2024 but mutation entries have not yet been corrected in the Nagarpalika Parishad. 4. After hearing learned counsel for the parties and going through the record of the case, the wrong mentioning of dates might be a typographical error as submitted by the learned counsel for the respondent but ultimate thing which is to be seen by the Contempt Court is whether the decision has been taken by the respondent or not in pursuance of the judgement and order dated 28.04.2023. The Respondent has passed the order in the application for mutation proceedings on 19.01.2024 and the copy of which has been enclosed alongwith compliance affidavit. The reasons for not entering the names in the record is obvious that by order dated 19.01.2024 the reasons has been assigned, which is quoted hereinbelow: "अतः याची के द्वारा प्रस्तुत दोनो मकान क्रमशः मकान नम्बरः-275 व 362 (बी) िस्थत मोहल्ला नेवादा, नगर पंचायत ऊगू के नामान्तरण प्राथर्ना-पत्र को िनस्तािरत करते हुये आवेदन को िनरस्त िकया जाता है। भिवष्य मे यिद देवेश कु मार िसह (याची) द्वारा कायार्लय नगर पंचायत ऊगू द्वारा मांगी गयी समस्त औपचािरकताओं को पूणर् कर िदया जाता है तो उक्त मकान के नामान्तरण के संबंध में नये िसरे से िनयमानुसार िविधक रूप से प्रिक्रया अपनायी जायेगी।" 5. In view of the above facts and circumstances and the discussion made hereinabove, the judgement and order dated 28.04.2023 passed in Writ-C No.3129 of 2023 has been complied with. The present contempt petition is hereby dismissed. 6. The notices, if any, issued against the respondents stand discharged. September 4, 2025 S. Kumar CAPL No. 4486 of 2023 2 (Manish Kumar,J.) Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench