DAYA PANDE v. STATE OF U.P. THRU PRIN. SECY. FOREST LUCKNOW and ANR.
WRIA/14602/2019 · 2025-10-27
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 199192 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 199192 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 14602 of 2019 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the petitioner, Mr. L.P. Shukla, learned counsel for respondent no. 2, learned Additional Chief Standing Counsel for the State and perused the record. Instant petition has been filed with the following reliefs:-
"1. Issue a writ, order or direction in the nature of Mandamus commanding the respondent corporation to refund petitioner's Rs. 1,28,720/- which has illegally recovered from the petitioner together with interest @ 18% per annum. 2. Any other relief as this Hon'ble Court may deem just and proper in the circumstances of the case. 3. Award the costs in favour of the petitioner." The contention of learned counsel appearing for the petitioner is that the petitioner has been retired and an amount of Rs.1,28,720/- has been recovered though, the said recovery is covered with the ratio of judgment rendered in the case of State of Punjab and Others Vs. Rafiq Masih(White Washer), reported in (2015) 4 SCC 334. He further submitted that the identically situated persons who have been retired, the recovery was made, but subsequently that was refunded, thus, submission is that the case of the present petitioner is also identical, therefore, the aforesaid amount may also be refunded to the petitioner. After arguing at length, learned counsel for the petitioner submits that the interest of justice would be sub-served if this Hon'ble Court may be pleased Versus Counsel for Petitioner(s) : Vibhanshu Srivastava, Akshay Mishra Counsel for Respondent(s) : C.S.C., L.P. Shukla Daya Pande .....Petitioner(s) State Of U.P. Thru Prin. Secy. Forest Lucknow And Anr. .....Respondent(s)
to give liberty to the petitioner to move a fresh representation while making claim for refund of an amount Rs.1,28,720/- alongwith the payable interest to the petitioner, before the respondent no. 2 and he may be directed to consider & decide the same, within stipulated period of time as may be fixed by this Court. Learned counsel for the opposite parties have no objection to the contention aforesaid. Be that as it may, without entering into the merit of the case, the petitioner is permitted to move a fresh representation within period of 15 days, and if such representation is moved within aforesaid period, the respondent no.
2(Managing Director, U.P. Forest Corporation) is hereby directed to consider and decide the same, within a period of two months, in accordance with law, from the date, a certified copy of this order is produced before him. Needless to say that if the recovered amount is found to be refunded, the same shall be refunded to the petitioner. With the aforesaid observations, the instant petition is disposed of. October 27, 2025 Mayank WRIA No. 14602 of 2019 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench