Ashok Ramniwas Bora v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 932 CIVIL APPLICATION NO. 975 OF 2024 IN WP/12581/2021 Ashok Ramniwas Bora ....Applicant

VERSUS

The State of Maharashtra & others .....Respondents .....

Mr. G. L. Deshpande, Advocate for Applicant.

Mr. S. K. Tambe, AGP for Respondent Nos. 1, 2, 5 and 6. Mr. R. J. Godbole, Advocate for Respondent Nos. 3 and 4. WITH WRIT PETITION NO. 12581 OF 2021 CORAM : RAVINDRA V. GHUGE AND R. M. JOSHI, JJ.

DATE : 23rd FEBRUARY, 2024.

PER COURT :

1.

By an interim order dated 17th November, 2021 passed in the Writ Petition, the Petitioner was protected against recovery of purported excess amount of Rs. 4,70,244/-.

2.

By this Civil Application, the Petitioner is praying for releasing the entire gratuity amount of Rs. 12,50,000/-.

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The controversy is about excess payment having been inadvertently made to the Petitioner. The Petitioner has executed an undertaking dated 15th October, 2008, to refund the amount if it is found that it was paid in excess of the amount which he was legitimately entitled to receive.

4.

In view of the above, this Civil Application is disposed off with a direction to the State to deposit the residual amount i.e. by deducting the recoverable amount of Rs. 4,70,244/- from the amount of Rs.12,50,000/-, in this Court on or before 15th March, 2024. After the amount is deposited, the Petitioner is at liberty to withdraw this amount under identification of the learned Advocate and by placing a copy of his Aadhar Card, PAN Card and latest address proof.

5.

List the Writ Petition in the 'urgent admissions' category on 20th March, 2024.

( R. M. JOSHI) ( RAVINDRA V. GHUGE) JUDGE JUDGE dyb