Satyanarayan Mehra vs State Of Madhya Pradesh & Others

The petitioner before this Court has filed this present petition being aggrieved by the order dated 19.06.2020 passed by the Superintendent of Police.

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.

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.

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.