Madhya Pradesh High Court
The State Of Madhya Pradesh vs Chagan Lal Bijewar Judgement Given By: ... on 5 February, 2014
W.A. No.1324/2012
05/02/2014
Shri S.D.Tiwari, G.A. for the appellants.
Shri Vivek Mishra, Advocate for the respondent.
Heard, counsel for the parties.
As short question is involved, appeal is taken up for final disposal forthwith, by consent.
This appeal takes exception to the decision of the learned Single Judge dated 27.4.12 in W.P. No.6173/2010 (S). By the said decision, writ petition filed by the respondent was allowed following decision of the Apex Court in the case of Shyam Babu Verma and others Vs. Union of India and others ((1994)2 SCC
521).
The learned Single Judge following the said decision held that recovery of the amount from the respondent/writ petitioner was illegal. It is not in dispute that the legal position expounded in the case of Shyam Babu (Supra) has been clarified in the recent decision of the Apex Court in the case of Chandi Prasad Uniyal And Others Vs. State of Uttarakhand and Others ((2012)8 SCC
417). The matter will have to be examined in the context of the legal position expounded in the recent decision.
In the latter decision the Supreme Court has held that any amount paid/received without authority of law can always be recovered barring few exceptions of extreme hardships but not as a matter of right.
Whether the case of the respondent falls in the excepted category or otherwise is a matter which ought to be examined in the first instance.
As a result, we are inclined to set aside the impugned decision and relegate the parties before the learned Single Judge for reconsideration of the Writ Petition afresh in accordance with law.
All questions are left open.
(A.M.Khanwilkar) (U.C.Maheshwari)
Chief Justice Judge
(and)