An applicant filed a contempt application alleging willful disobedience of this Court's order dated 27.8.2024 due to the Development Authority's failure to reconsider a demand notice. The Court held the application was not maintainable as no steps were taken to execute the notice.
Contempt application dismissed.
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Neutral Citation No. - 2024:AHC:165910
Court No. - 1
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6559 of 2024
Applicant :- Omji Timber Merchant Opposite Party :- Smt. Apurva Dubey, Vice Chairman Counsel for Applicant :- Vivek Chaturvedi
Hon'ble Salil Kumar Rai,J.
The present contempt application has been filed pleading willful disobedience of the order dated 27.8.2024 passed by this Court in Writ-C No. 27775 of 2024 whereby this Court had remitted back the matter to the Development Authority to re-consider the demand notice issued by it and pass a fresh order in light of the judgment of the Supreme Court in Mathura Vrindavan Development Authority and another versus Rajesh Sharma and others 2023 SCC Online SC 530 and it further provided that the impugned demand notice would be subject to the fresh decision to be taken by the Authority.
The contention of the applicant is that no decision is being taken by the Authority within the time fixed by this Court in its order dated 27.8.2024.
It is not the case of the applicant that any steps have been taken to execute the previous demand notice. The claim of the applicant that the map submitted by the applicant for construction has been rejected on the ground that the demand notice has not been satisfied by the applicant is not supported by any evidence.
In any case, the applicant has the remedy to challenge the rejection order before the appropriate Court. As no steps have been taken by the Development Authority to execute the demand notice, the present application is not maintainable.
The contempt application is dismissed.
Order Date :- 18.10.2024 IB
Digitally signed by :- ITU BANERJEE High Court of Judicature at Allahabad
1 issue framed by the court
Whether the contempt application regarding willful disobedience of the impugned order dated 27.8.2024 is maintainable when no steps have been taken by the Development Authority to execute the demand n
Colour shows how this judgement treated each authority
Mathura Vrindavan Development Authority and another versus Rajesh Sharma and othersReferred¶6
Mathura Vrindavan Development Authority and another versus Rajesh Sharma and others 2023 SCC Online SC 530 · Who else cites this
Omji Timber Merchant
Salil Kumar Rai
As recorded by the court registry
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