Pushpendra Singh Pawar vs The State Of Madhya Pradesh
2023 Latest Caselaw 13935 MP

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                  BEFORE
                           HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                               ON THE 24 th OF AUGUST, 2023
                                             WRIT PETITION No. 21408 of 2023

                          BETWEEN:-
                          PUSHPENDRA SINGH PAWAR S/O SHIVRAJ, AGED 43
                          YEAR S , OCCUPATION: CONSTABLE HOUSE NO. 186
                          KAILASH EMPIRE COLONY DISTRICT UJJAIN (MADHYA
                          PRADESH)

                                                                                         .....PETITIONER
                          (SHRI YASH TIWARI, LEARNED COUNSEL FOR THE PETITIONER)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                PRINCIPAL SECRETARY DEPARTMENT OF HOME
                                POLICE VALLABH BHAWAN DISTRICT BHOPAL .
                                (MADHYA PRADESH)

                          2.    THE SUPERINTENDENT OF POLICE DISTRICT
                                UJJAIN, UJJAIN (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                          ( MS ASHI VAIDYA, PANEL LAWYER FOR THE RESPONDENTS/STATE
                          )

                                This petition coming on for admission this day, th e court passed the
                          following:
                                                             ORDER

The petitioner before this Court has filed this present writ petition under Article 226 of the Constitution of India being aggrieved by the recovery order dated 08.08.2023 passed by the respondent no.2 Learned counsel for the petitioner challenges the recovery of interest component.

Signature Not Verified Coordinate Bench of this Court has decided similar Writ Petition i.e. Signed by: SEHAR HASEEN Signing time: 8/24/2023 7:21:51 PM

W.P. No.826/2017 ( Rajendra Bhawsar Vs. State of MP and ors), decided on 13/9/2017) and in similar circumstances the recovery in respect of interest component has been set aside.

T he judgment was subjected to appeal and in W.A.No.120/2018 vide order dated 06/08/2018, the Division Bench has dismissed the appeal preferred by the State Government, meaning thereby, the recovery in respect of interest component has been set aside.

I n the light of the orders passed by the coordinate Bench and by the Division Bench of this Court, the recovery of interest component is hereby quashed and in case the principal amount has not been recovered so far, the

same be recovered from the petitioner and any interest amount, if already recovered by the respondents may be returned back to the petitioner .

With the aforesaid, the present petition stands allowed and disposed of. Certified copy as per Rules.

(S. A. DHARMADHIKARI) JUDGE sh

Signature Not Verified Signed by: SEHAR HASEEN Signing time: 8/24/2023 7:21:51 PM