Mohit Agrawal Vs State of U.P. and 3 Others

Court No. - 30

Case :- WRIT - C No. - 18487 of 2018

Petitioner :- Mohit Agrawal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anupam Kulshreshtha Counsel for Respondent :- C.S.C.

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Hon'ble Pankaj Bhatia,J.

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The present petition has been filed seeking a direction commanding the respondents to refund the amount of Rs. 74,000/- deposited with Tehsildar (Sadar), Agra pursuant to the order dated 24.08.2004 passed in Case No. 126 of 2004-05; State Vs. Mohit Agrawal which was subsequently set aside by the Additional Commissioner (Administration), Agra vide judgment and order dated 05.07.2010 passed in Stamp Revision No. 180 of 2005 Mohit Agrawal Vs. State .

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The petitioner has further prayed for payment of interest on the said amount as the sum has not been paid despite sufficient time.

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The petitioner has placed reliance on the judgment of this Hon'ble Court reported in 2014(10) ADJ 348 (ANSAL HOUSING AND CONSTRUCTION LTD. V/s. STATE of U.P. whereby directions have been issued for payment of interest at the rate of 8% per annum of the unpaid amount.

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There is no dispute that the matter in appeal has been decided in favour of the petitioner and the dispute is not pending in any court of law hence, the petitioner is entitled to refund amount along with the interest. Thus, the State Government is directed to refund the amount deposited pursuant to the order dated 24.08.2004 along with interest at the rate of 8% per annum simple interest from the date of deposit till the date of actual refund.

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The State Government shall refund the amount within a period of 4 months from the date a certified copy of this order is produced before the Court.

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The writ petition is allowed.

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Order Date :- 10.12.2018 sweta

Mohit Agrawal v. State of U.P. and 3 Others

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Mohit Agrawal v. State of U.P. and 3 Others

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