Sushma Sharma & Another v. J. P. Sagar, Vice Chairman, Bareilly Development Authority
2011-03-30
SANJAY MISRA
body2011
DigiLaw.ai
Hon'ble Sanjay Misra,J.:- Heard Sri G.S. Mishra, learned counsel for the applicant. The contempt is alleged of the order dated 17.09.2007 passed in Writ Petition No.43559 of 2007 (Smt. Sushma Sharma & another Vs. State of U.P. & others). By the order dated 17.09.2007, a Division Bench of this Court required the Vice Chairman, Bareilly Development Authority to consider the application for sanction of the map submitted by the petitioner, within a period of 4 weeks from the date a certified copy of the order is filed. Learned counsel states that the certified copy of the order was served on the Vice Chairman, Bareilly Development Authority on 15.10.2007, whereafter the applicant had received a letter from the Secretary, Bareilly Development Authority on 21.08.2010 requiring the applicant to furnish the receipt of the deposit amount dated 18.01.2008 so that his application for approval of map may be considered. Learned counsel states that the cause of action for bringing the contempt petition has arisen on 21.08.2010. According to him he has already filed the receipt dated 18.01.2008 before the authority, however, by not passing any order on the application of the petitioner, the opposite parties are disobeying the order. Having perused the record, it appears from the letter dated 21.08.2010 issued by the Secretary, Bareilly Development Authority that the authority requires a photo copy of the receipt dated 18.01.2008 so as to proceed with the sanction of the map submitted by the petitioner. In view of the aforesaid circumstances, since the photocopy of the receipt has been filed as Annexure No.1 to the affidavit supporting this contempt petition at page 18, it would be appropriate that the petitioner should file such photocopy of the receipt alongwith the certified copy of this order before the Secretary, Bareilly Development Authority, within 2 weeks from today and in case the same is done the opposite party is required to comply with the directions issued by the Writ Court on 17.09.2007. The contempt petition is disposed of accordingly. No order is passed as to costs.