Rishabh Dev Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 3179 MP

                                                                                 1
                                                  IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
                                                                              BEFORE
                                                             HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                                        ON THE 7th OF MARCH, 2022

                                                                  WRIT PETITION No. 5408 of 2022

                                                     Between:-
                                                     RISHABH DEV SINGH S/O SARYU SINGH , AGED
                                                     ABOUT    61    YEARS, OCCUPATION:   HEAD
                                                     CONSTABLE F-15 POLICE LINE DEWAS ROAD
                                                     (MADHYA PRADESH)

                                                                                                                .....PETITIONER
                                                     (BY SHRI YASH TIWARI, ADVOCATE)

                                                     AND

                                            1.       THE STATE OF MADHYA PRADESH PRINCIPAL
                                                     SECRETARY VALLABH    BHAWAN,  BHOPAL
                                                     (MADHYA PRADESH)

                                            2.       SUPERINTENDENT OF POLICE UJJAIN (MADHYA
                                                     PRADESH)

                                                                                                             .....RESPONDENTS
                                                     (BY SHRI RANJEET SEN, GA)

                                                  This petition coming on for order this day, the court passed the following:
                                                                                  ORDER

In the instant petition, a challenge has been made to the order dated

04.02.2022, by which a recovery of principal amount of Rs.36,167/- and the interest of Rs.75,180/- is being made from the petitioner.

Learned counsel for the petitioner submits that he has confined his challenge only to the recovery of the interest and not to the principal amount.

Learned counsel for the petitioner submits that the respondents decided to recover the 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

Signature Not VerifiedDigitally signed by Pradesh & Others) decided on 07.10.2020, Writ Petition No.8902/2020 SAN SOURABH YADAV Date: 2022.03.07 17:48:53 IST (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, State of MP and Anr Vs. Rajendra Bhawsar passed in WA No.120/2018 dated 06.08.2018. 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 learned counsel for the petitioner.

Accordingly, the impugned order 04.02.2022 (Annexure-P/1) 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.

(VIJAY KUMAR SHUKLA) JUDGE Sourabh

Signature Not Verified VerifiedDigitally Digitally signed by SAN SOURABH YADAV Date: 2022.03.07 17:48:53 IST