Ruchi Rastogi v. Krishna Kumar Sonkar Executive Officer Nagar Palika Parishad Shahabad Distt. Hardoi

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 2267 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. Supplementary compliance affidavit has been filed by the respondent, which is taken on record. The present contempt application has been preferred against alleged non-compliance of judgement and order dated 1/5/2025, which is quoted hereinbelow: "Heard. The petitioner seeks to challenge a mutation order passed by the Nagar Palika Parishad, Shahabad. Learned Counsel for the petitioner says that the mutation order is not being provided to the petitioner. If the petitioner is entitled to a copy of the mutation order, the opposite party no. 2 shall look into the matter and do the needful but with expedition say within a period of 10 days, thereafter, the petitioner may avail remedies as may be prescribed in law. The writ petition is accordingly disposed of. " Learned counsel for the applicant has submitted that the applicant wanted to challenge the mutation order passed by the Nagarpalika Parishad, Shahabad but the copy of the same was not provided to her by the Nagarpalika Parishad, and under these compelling circumstances the Versus Counsel for Applicant(s) : Dhananjay Trivedi Counsel for Opposite Party(s) : Manoj Kumar Misra Ruchi Rastogi .....Applicant(s) Krishna Kumar Sonkar Executive Officer Nagar Palika Parishad Shahabad Distt. Hardoi .....Opposite Party(s) petition was filed by the applicant, which was disposed of by order dated

1.5.2025 It is further submitted that in place of providing the mutation order, copy of Register has been provided wherein the entry has been changed or mutated in favour of one Shri Narayan Rastogi @ Divyanshu without there being any order of mutation. On the other hand learned counsel for the respondent has submitted that there is only a entry in the records mutating the name and no mutation order is available in the record of Nagarpalika Parishad. After hearing learned counsel for the parties and going through the record of the case, it is found that the writ Court has directed to provide the copy of mutation order and the respondent has come with a case that the same is not available and the entry in the Register may be treated as mutation, except that nothing is available with the Nagarpalika Parishad to provide the applicant. In view of the facts, circumstances and discussion made hereinabove, the mutation order is not available or traceable then providing of the same to the applicant is not willful or intentional. At this stage, learned counsel for the applicant has submitted that in absence of any order, the entry made in the register is bad in the eyes of law, but the said submission of learned counsel for the applicant cannot be seen in the present contempt proceedings and if the applicant is aggrieved, he may avail the remedy as permissible under the law to challenge the mutation / entry made in the register. Hence the present contempt application is dismissed. The notice, if any, issued against the respondent stands discharge. December 16, 2025 S. Kumar CAPL No. 2267 of 2025 (Manish Kumar,J.) High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench