Senior Superintendent Of Post Offices, Aurangabad v. Ashok Kayande And Another

2025:BHC-AUG:32667-DB 667.2017CP.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

909 CONTEMPT PETITION NO. 667 OF 2017 IN WP/3539/2015 SENIOR SUPERINTENDENT OF POST OFFICES, AURANGABAD

VERSUS

ASHOK KAYANDE AND ANOTHER ...

Advocate for the Petitioner : Mr. Bondar U.B. AGP for Respondent/State : Mrs.V.S. Chaudhari Advocate for Respondent no.1 : Mr. Hiwrekar S.D. ...

CORAM : NITIN B. SURYAWANSHI AND VAISHALI PATIL-JADHAV, JJ.

DATED : 25th NOVEMBER, 2025.

ORDER :

.

In order dated 14.07.2016, following observations are made :- "6.

Considering the above, the impugned communication is quashed and set aside. The petitioner shall pay rent amount due since October 2009 till date at the rate at which it was paying earlier. The Respondent shall accept the same without prejudice to its rights and contentions of a higher rent to be received by it.

7.

The petitioner may approach the Office of Municipal Council and the parties shall amicably arrive at the rent to be paid by the petitioner to the Respondent, keeping in mind the Statute and the Rules operating in this field. The said exercise of determining the rent shall be done expeditiously, amicably between them preferably within four (4) months." 2.

The petitioner has claimed willful disobedience of these directions.

667.2017CP.odt 3.

Respondent has filed affidavit-in-reply claiming that petitioner has unilaterally decided to pay rent of the building at Rs.9,000/- per month. It is further submission that they are ready to accept the rent of Rs.75/- per month till 2016 without prejudice to its rights and contention of receiving higher rate and thereafter they are ready to determine the rent amicably by way of discussion with the petitioner. Learned Advocate for respondent no.1 states that petitioner is not cooperating in determination of the rent. 4.

We hereby direct respondent no.1 to accept the rent offered by the petitioner of total Rs.6,375/-, which is upto 14.07.2016. 5.

Respondent no.1 shall carryout the valuation of the rented property from the P.W.D. within four weeks from today. After valuation report is received same be served on petitioner. Petitioner shall be called for meeting for determination of the rent in terms of the order dated 14.07.2016 by respondent no.1 within four weeks thereafter. In the said meeting the rent shall be determined and petitioner will be liable to pay the same.

6.

With the above directions contempt petition is disposed of. (VAISHALI PATIL-JADHAV,J.) ( NITIN B. SURYAWANSHI,J.) sga