Mrs. Prabha Mishra vs The State Of Madhya Pradesh
2022 Latest Caselaw 3501 MP

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                                     HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
                                                           W.P. No.4918/2022
                                       Mrs. Prabha Mishra W/o Ashok Kumar Mishra Vs. State of M.P.

                                Indore, Dated:- 11/03/2022
                                        Shri L.C.Patne, Counsel for the petitioner - Mrs. Prabha
                                Mishra W/o Ashok Kumar Mishra.
                                        Shri   Amit   singh   Sisodiya,   Govt.    Advocate     for   the
                                respondent/State.

1. The petitioner before this Court has filed this present petition being aggrieved by the order dated 20.12.2019 passed by the respondent No.3.

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.

3. 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.

4. 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.

5. Learned Government Advocate for the respondents/State has not disputed the aforesaid facts.

6. 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

Signature Not Verified free to recover the principal amount. It is further made clear that there SAN

Digitally signed by NEERAJ SARVATE Date: 2022.03.11 19:24:50 IST

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE W.P. No.4918/2022 Mrs. Prabha Mishra W/o Ashok Kumar Mishra Vs. State of M.P.

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.

7. With the aforesaid, the present Writ Petition stands partly allowed.

8. 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

Signature Not Verified SAN

Digitally signed by NEERAJ SARVATE Date: 2022.03.11 19:24:50 IST