Madhya Pradesh High Court

WP/20061/2020 of PREMCHAND SONI Vs THE STATE OF MADHYA PRADESH on 31 December 2020

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V. JUDGE The High Court Of Madhya PradeshThe High Court Of

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The High Court Of Madhya PradeshWP-20061-2020

(PREMCHAND SONIVs THE STATE OF MADHYA PRADESH AND OTHERS)

[31][-][12][-][2020]Jabalpur, Dated :

Heard through Video Conferencing.

Shri Atul Kumar Rai, learned counsel for the petitioner.

Shri Jubin Prasad, learned Panel Lawyer for the respondents/State.

By the instant petition, the petitioner is challenging the recovery as also the amount of interest imposed over the said amount of recovery.

Learned counsel for the petitioner submits that the respondents havealready recovered the proposed amount of recovery i.e. Rs.1,87,136,/- alongwith the amount of interest i.e. Rs.1,70,145/- from the petitioner, but in viewof the law laid down by this Court in number of writ petitions, copies ofsome of the orders are filed along with the petition collectively as Annexure-P/5, the amount of interest i.e. Rs.1,70,145/- cannot be recovered from thepetitioner.

Considering the aforesaid and also considering the order passed bythis Court in W.P. No.15780/2020 (Harish Chandra Minocha Vs. The State of Madhya Pradesh and others), in which, it is held that the interestamount cannot be recovered, this petition is disposed of directing therespondents to refund the recovered amount of interest i.e. Rs.1,70,145/-imposed over the proposed amount of recovery to the petitioner asexpeditiously as possible.

With the aforesaid direction, this petition stands allowed anddisposed of.

Certified copy as per rules.

(SANJAY DWIVEDI)V. JUDGE

ac/-

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