S.B. CIVIL CONTEMPT PETITION NO.172/2007. IN S.B. CIVIL WRIT PETITION NO.4817/1996. Rakesh Chhajed Vs. Kuldeep Ranka Date of order : 12/2/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri M.C. Sharma for the petitioner. Shri Ajeet Bhandari and Shri Kinsukh Jain for RIICO. ****** This contempt petition has been filed for disobedience of the order passed by this Court dated 14/11/2006 whereby respondent No.3 was directed to decide the application of the petitioner dated 28/1/2008 (Ann.1) within a period of 30 days keeping in mind that he has made representation in the year 1988. Learned counsel for the petitioner argued that since in the counter affidavit that was filed by the respondents, they had admitted that the rate which was prevalent in 1988 shall be charged for allotment of land. Respondents now while making allotment of the land are seeking to charge the prevalent rate in the year 2006. Learned counsel for the respondents submits that direction was only to consider the application of the petitioner even then, the respondents have offered to allot the land of 2000 square meter on the basis of his priority of 1988 and compliance of the order passed by the court has been made. SBCCP NO.172/2007. ( 2 ) Having heard learned counsel for the parties, I do not find that the respondents can be said to have been liable for willful disobedience of the order of this court. However, if petitioner considers him aggrieved of the allotment made in 2006 at the prevalent rate now inspite of the respondents having admitted in their counter affidavit in the writ petition, charging rate of 1988, he is always free to agitate the same by filing a fresh writ petition or to seek remedy before the appropriate forum in accordance with law. The notices of contempt are discharged. The contempt petition is accordingly dismissed being not survived any further. (MOHAMMAD RAFIQ), J. anil/-