Smt. Leela vs School Education Department
2021 Latest Caselaw 2760 MP

           THE HIGH COURT OF MADHYA PRADESH
                          W.P. No.5845/2021
                  Smt. Leela V/s. State of M.P. & Others
                                  -: 1 :-

Indore, dated : 28.06.2021

      Hearing through Video Conferencing.

      Shri Arvind Sharma, learned counsel for the petitioner.

      Shri Valmik Shakargaye, learned Govt. Advocate for the

respondent/State.

The petitioner has filed this writ petition under 226 of the

Constitution of India, seeking the following reliefs:-

"(A) That, the order passed by respondent No.5 (Annexrue P/1) may kindly be quashed.

(B) That, the respondent be directed to refund the interest amount to the petitioner along with interest till date.

(C) That, this petition may kindly be disposed of in the light of judgment passed by this Hon'ble Court in W.P. No.826/2017 (Rajendra Bhawsar V/s. State of M.P.).

(D) That, cost of this petition be awarded to the petitioner.

(E) That, any other relief which this Hon'ble Court may deems fit may kindly be awarded in the interest of justice."

In the present case, the petitioner is claiming the interest amount

which has already been recovered from him.

In support of his submissions, Shri Arvind Sharma, learned counsel

for the petitioner has relied upon the order passed by the Coordinate

Bench of this Court in the case of Rajendra Bhawsar vs. State of

M.P. and others (W.P. No.826/2017) vide order dated THE HIGH COURT OF MADHYA PRADESH W.P. No.5845/2021 Smt. Leela V/s. State of M.P. & Others

13.9.2017. Thus, it is submitted that the aforesaid order would be applied

in the present case also.

Learned counsel for the respondent/State, on the other hand, has

opposed the prayer, however, it is not denied that the order of the Writ

Court passed in the case of Rajendra Bhawsar (supra) has been

challenged by the State before the Division Bench in Writ Appeal No.

120/2018 which was dismissed on 6/8/2018.

Having regard to the submissions made by the Counsel for the

parties, the present petition stands allowed and it is directed that the

decision rendered in the case of Rajendra Bhawsar (supra) will

apply mutatis mutaddis in the present case also. The petitioner is

entitled to the same relief with interest which has already been recovered

from him.

Certified copy, as per rules.

(SUBODH ABHYANKAR) JUDGE ns

NEERAJ SARVATE 2021.06.29 14:08:41 +05'30'