Mukesh Kumar Sanwaliya vs The State Of Madhya Pradesh
2021 Latest Caselaw 2354 MP

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HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE

                   Writ Petition No.10163/2021
 Mukesh Kumar Sanwaliya v/s The State of Madhya Pradesh & Others
Indore, dated 14.06.2021
         Heard through video conferencing.
         Shri L.C. Patne, learned counsel for the petitioner.
         Shri Valmik Sakargayen, learned Government Advocate
for the respondents / State.

With the consent, finally heard.

Learned counsel for the petitioner submits that the respondents decided to recover some amount along with the interest arising out of the said amount. The recovery of the interest part has been interfered with by this Court in various judgments including W.P. No.826/2017 (Rajendra Bhawsar v/s The State of Madhya Pradesh & Others) decided on 13.09.2017, W.P. No.26972/2019 (Smt. Sobha Jadhav v/s The State of Madhay Pradesh & Others) decided on 11.12.2019, W.P. No.15132/2020 (Dinesh Nema v/s The State of Madhya Pradesh & Others) decided on 07.10.2020, Writ Petition No.8902/2020 (Mishrilal Yadav v/s The State of Madhya Pradesh & Others) decided on 27.06.2020, W.P. No.12829/2020 (Krishnpal Singh Chouhan v/s The State of Madhya Pradesh & Others) decided on 03.09.2020 and W.P. No.11497/2020 (Manohar Joshi v/s The State of Madhya Pradesh & Others) decided on 18.08.2020. Since this matter is similar, the impugned order to the extent interest is sought to be recovered may be set aside.

Learned Government Advocate for the respondents / State opposed the prayer but did not dispute that the point involved in the present case is squarely covered by aforesaid orders mentioned by Shri Patne.

Accordingly, the impugned order 15.10.2020 (Annexure- P/1) and 28.04.2021 (Annexure-P/2) to the extent recovery is made of interest component is set aside. If any recovery of interest has been made, the same shall be returned to the petitioner within three months from the date of production of copy of this order.

The writ petition is allowed to the extent indicated above.

(SUJOY PAUL) JUDGE Ravi Digitally signed by RAVI PRAKASH Date: 2021.06.15 10:15:19 +05'30'