____________________________________________________ vs State Of H.P. & Others
2023 Latest Caselaw 5646 HP

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

.

CWP No. 7056 of 2022 Date of decision: 11.05.2023

____________________________________________________ Ramesh Chand & others .....Petitioners

Versus

State of H.P. & others ...Respondents ________________________________________________________ Coram:

The Hon'ble Mr. Justice Tarlok Singh Chauhan, Acting Chief Justice. The Hon'ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 No __________________________________________________________ For the petitioners : Mr. Harish Chauhan, Advocate.

    For the respondents:                Mr. Anup Rattan, Advocate General, with
                                        Mr.    Ramakant     Sharma,     Additional

Advocate General, Ms. Priyanka Chauhan, Mr. Arsh Rattan, Deputy Advocates General and Mr. Rajat Chauhan, Law Officer.

Tarlok Singh Chauhan, Acting Chief Justice (Oral)

Ms. Priyanka Chauhan, learned Deputy Advocate General

has placed on record instructions dated 10.05.2023, which go to

indicate that compensation for the delayed payment has been paid to

the petitioner.

2. Now, the only question which remains for consideration

is with regard to interest on the amount of Rs. 27,000/-, which has

been paid by petitioner No. 1-Ramesh Chand out of his own pocket for

procuring the material in the year 2015. There is no gainsaying that

the of payment of interest has to be made to the petitioner. It has

Whether the reporters of Local Papers may be allowed to see the judgment?

also been held by the Constitutional Bench of the Hon'ble Supreme

.

Court in case titled as Secretary, Irrigation Department, Government

of Orissa and others Vs. G.C. Roy, reported in AIR 1992 SC 732 that a

person deprived of use of money to which he is legitimately entitled

has a right to be compensated for the deprivation, call it by any name.

It may be called interest, compensation or damages.

3. In view of the ratio of law laid down by the Hon'ble

Supreme Court in the aforesaid case, the respondents have to pay

interest on the amount of Rs. 27,000/- to petitioner No. 1, which has

been wrongly withheld by them for nearly eight years. Since the

remaining amount stands paid, we deem it appropriate to dispose of

this petition by directing the respondents to pay interest on the

amount of Rs. 27,000/- w.e.f. the due date till its payment at the rate

of 9% per annum to petitioner No. 1 , within four weeks from today

and report compliance on 15.06.2023. Ordered accordingly.

4. Pending application(s), if any, also stands

disposed of.

                                                  (Tarlok Singh Chauhan)
                                                    Acting Chief Justice



    May 11, 2023                                    (Virender Singh)
         (hemlata)                                       Judge.