Isak Abbas Hawaldar v. The Block Education Officer, Panchayat Samiti And ORS

* 1/1 * 17-WP-10692-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10692 OF 2015 Isak Abbas Hawaldar ....Petitioner V/s.

The Block Education Officer & Ors.

....Respondents Mr. Akhil Kupade i/by Geetanjali R. Golatkar, Advocate for Petitioner.

Mr. C.P.Yadav, AGP for the Respondent No.5-State. Mr. R.D.Rane, Advocate for Respondent Nos.1 to 4,6 and 7-ZP of Kolhapur.

****** CORAM :- CORAM :- B.R.GAVAI & B.R.GAVAI & SANDEEP K. SHINDE, JJ.

SANDEEP K. SHINDE, JJ.

DATE :- DATE :- 7TH NOVEMBER, 2017.

7TH NOVEMBER, 2017.

P.C. :- P.C. :- For the reasons recorded separately, the Petition is allowed. It is held and declared that recovery of the amount of Rs.3,97,092/- from the Petitioner was not permissible and as such, bad in law.

Respondent Nos.1 to 4 are directed to refund the said amount of Rs.3,97,092/- within a period of eight weeks from today along with interest at the rate of 6% p.a.

(SANDEEP K. SHINDE, J) (SANDEEP K. SHINDE, J) (B.R.GAVAI, J) (B.R.GAVAI, J) Shivgan