FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CONTEMPT PETITION NO.199 OF 2005 IN WRIT PETITION NO.4976 OF 2002 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Heard learned Counsel for the petitioner and the learned A.G.P. for the State. 2 The contempt petition alleges disobedience of the order dated 8th April, 2004 passed by the learned Division Bench in Writ Petition No.4976 of 2002. The principal prayer in the said writ petition was about directions to the respondents to pay rental compensation to the petitioner. The petitioner in the said writ petition prayed that he is entitled for rental compensation of about 3,90,920/-. 3 The respondents herein filed affidavit-in-reply stating therein that in due regard to the orders passed by the learned Division Bench, rental compensation has been calculated at Rs.43,354/-. However, though the amount was sent by cheque to the petitioner, the petitioner did not accept the same. 4 It is not in dispute that the claim of the petitioner as directed by the Division Bench of this Court for rental compensation has been adjudicated by the respondents. However, the learned Counsel for the petitioner has serious grievance about the calculation of the rental compensation. According to the petitioner, as stated in the writ petition, he is entitled for Rs.3,90,920/-. However, the claim of the petitioner for rental compensation has been decided as directed by the Division Bench. 5 In my opinion, this contempt petition can be disposed of with observation that the respondents will pay Rs.43,354/- and the petitioner will accept the same under protest. Liberty to the petitioner to agitate the issue of calculation of the rental compensation before the appropriate forum as permissible under law. It is needless to mention that since the respondents were prepared to pay Rs.43,354/- in the year, 2006 itself, the respondents No.3 and 4 shall make payment to the petitioner within one month from receipt of this order. As already observed, the petitioner will accept the said payment under protest. At this stage the learned Counsel for the petitioner submits that the order passed by the Division Bench has not been complied with by the respondents within the stipulated time. The learned A.G.P. invited my attention to para 2 of the affidavit-in-reply in which unconditional apology is tendered by the respondents for not complying the directions within the stipulated period. In the light of above, there appears to be no willful disobedience as such. With these observations, the contempt petition is disposed of. Notice stands discharged. (S.S. SHINDE, J.) 29.10.2010. PLK/*