Ramchandra Bhati vs The State Of Madhya Pradesh
2021 Latest Caselaw 4967 MP

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  HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
                          W.P. No.16785/2021
          Ramchandra Bhati S/o Mangilal Bhati Vs. State of M.P.

Indore, Dated:- 02/09/2021

      Shri L.C.Patne, Counsel for the petitioner - Ramchandra Bhati

S/o Mangilal Bhati.

      Ms. Drishti Rawal, Govt. Advocate for the respondent/State.

The petitioner before this Court has filed this present petition

being aggrieved by the order dated 05.08.2021 and 27.08.2021 passed

by the respondent No.2.

The petitioner's contention is that an order of recovery was

issued against the petitioner directing recovery. Now the respondents

are recovering the interest also on excess amount paid to the

petitioner.

Learned counsel for the petitioner has drawn the attention of

this Court towards the judgment delivered in the case of Rajendra

Bhawsar V/s The State of Madhya Pradesh & Others (W.P.

No.826/2017) and the co-ordinate Bench of this Court has quashed

the recovery in respect of the interest component only.

A Writ Appeal was also preferred in the matter i.e. W.A.

No.120/2018 (The State of Madhya Pradesh & Others v/s

Rajendra Bhawsar) and the Division Bench of this Court has upheld

the judgment delivered by the learned Single Judge, meaning thereby,

the recovery in respect of the interest component has been quashed.

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE W.P. No.16785/2021 Ramchandra Bhati S/o Mangilal Bhati Vs. State of M.P.

Learned Government Advocate for the respondents/State has

not disputed the aforesaid facts.

This Court, after hearing learned counsel for the parties is of

the considered opinion that the present writ petition deserves to be

allowed and is accordingly, partly allowed. The respondent shall be free

to recover the principal amount. It is further made clear that there will be

no recovery in respect of the interest component. In case, the petitioner

attains the age of superannuation, the respondents shall be free to

recover the amount from his terminal dues.

With the aforesaid, the present Writ Petition stands partly

allowed.

It is needless to mention that in case, certified copy is not

available due to some technical reason, the order uploaded on the

website of the High Court shall be treated as certified copy for all

purposes and the counsel shall be free to obtain certified copy later on as

and when facilities are made available to him.

(PRANAY VERMA) JUDGE ns

NEERAJ Digitally signed by NEERAJ SARVATE DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=1de5ec9deb10706ff5d36eb3e8f79e1db6b2b268 00a815e3f0377420c0156e39,

SARVATE pseudonym=39544896700BE9C4B7508557EC0E3759E69 23C84, serialNumber=6E796F0CECF7993DF3F4917A66AAFCCC8 98CF78CD836766C429A4DDEE6356FDB, cn=NEERAJ SARVATE Date: 2021.09.02 17:12:30 +05'30'