Kabita Dutta vs The State Of Assam And 5 Ors
2023 Latest Caselaw 1282 Gua

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GAHC010049342023




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C)/1359/2023

         KABITA DUTTA
         W/O- MINESWAR HAZARIKA, R/O- WARD NO 8, BIHPURIA TOWN, P.O.
         BIHPURIA, P.S. BIHPURIA, PIN- 784161, DIST.- LAKHIMPUR, ASSAM



         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, SECONDARY
         EDUCATION DEPTT., DISPUR, PIN- 781006, DIST.- KAMRUP (M), ASSAM

         2:THE COMMISSIONER AND SECRETARY
         TO THE GOVT. OF ASSAM
          FINANCE DEPTT.
          DISPUR
          GHY-6

         3:THE DIRECTOR
          SECONDARY EDUCATION DEPTT.
         ASSAM
          KAHILIPARA
          PIN- 781019
          DIST.- KAMRUP (M)
         ASSAM

         4:THE DIRECTOR
          PENSIONS
         ASSAM HOUSEFED COMPLEX
          NEW BUILDING
          DISPUR
          GHY-6

         5:THE INSPECTOR OF SCHOOLS
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             LAKHIMPUR DISTRICT CIRCLE
             NORTH LAKHIMPUR
             DIST.- LAKHIMPUR
             ASSAM

            6:THE TREASURY OFFICER
             BIHPURIA
             NORTH LAKHIMPUR
             DIST.- NORTH LAKHIMPU

Advocate for the Petitioner   : MR D GOGOI

Advocate for the Respondent : SC, SEC. EDU.

BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH

29.03.2023

Heard Mr. D. Gogoi, the learned counsel for the petitioner and Ms. D. Mochahary, the learned counsel appearing on behalf of the respondent Nos.1, 3 & 5. Also heard Mr. P. Nayak, the learned counsel appearing on behalf of the respondent Nos.2 & 6 as well as Mr. S. R. Boruah, the learned counsel appearing on behalf of the respondent No.4.

The grievance of the petitioner in the instant writ petition was that an amount of Rs.1,44,133/- was recovered from the petitioner under duress. Accordingly, on the basis of the judgment in the case of State of Punjab and Others vs. Rafiq Mashi (White Washer) , reported in (2015) 4

SCC 334, the petitioner had sought for refund of the said amount.

This Court vide the order dated 15.03.2023, directed the respondents to apprise this Court on the next returnable date as to why the petitioner is not entitled to the refund of the amount of Rs.1,44,133/-.

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Today, Ms. D. Mochahary, the learned counsel appearing on behalf of the Secondary Education Department has produced a communication dated 29.303.2023 and submitted that the authorities have already condoned the overdrawn amount of Rs.1,44,133/- by the petitioner. Accordingly, the petitioner is entitled to the said amount of Rs.1,44,133/- which she had deposited. The said communication is kept on the record and marked with the letter "X".

Under such circumstances, the respondents, more particularly, the Director of Secondary Education Department is directed to refund the amount of Rs.1,44,133/- to the petitioner within a period of 3 (three) months from the date a certified copy of the instant order is served upon the said respondent No.3.

With the above observation and direction, the instant writ petition stands disposed of.

JUDGE

Comparing Assistant