Pardeep Kumar Malhotra And Another v. The State Of Haryana And Others

In the High Court of Punjab and Haryana, at Chandigarh Civil Writ Petition No. 20735 of 2021 Date of Decision: 11.10.2021 Pardeep Kumar Malhotra and Another ... Petitioner(s)

Versus

The State of Haryana and Others ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. S.P.Khatri, Advocate for the petitioner(s).

Mr. Samarth Sagar, Additional Advocate General, Haryana, for the respondents.

Anil Kshetarpal, J.

1.

The petitioners pray for issuance of a writ in the nature of mandamus to direct the respondents to pay the interest @ 12% per annum on the amount of 1,50,32,332/-, which was wrongly retained by the ₹ respondent No. 3 and 4 from the years 2012 to 2021. 2.

It is not in dispute that the principal amount has already been refunded. The petitioners had deposited the aforesaid amount towards the development charges with the Municipal Corporation, Yamuna Nagar, for grant of permission to run a marriage palace. The petitioners claim that the aforesaid amount was not payable to the municipal corporation and it was wrongly retained for a period of nine years.

3.

In this writ petition, the petitioners only claim the interest on account of the amount which was was wrongly kept by the municipal DEEPAK KUMAR BHARDWAJ 2021.10.14 11:28 I attest to the accuracy and integrity of this document corporation. The entitlement as well as the quantum of rate of interest is

Civil Writ Petition No. 20735 of 2021 required to be determined after the parties are permitted to lead evidence. 4.

Keeping in view the aforesaid facts, the present writ petition is disposed of by relegating the petitioners to avail an alternative remedy, in accordance with law.

(Anil Kshetarpal) Judge October 11, 2021 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2021.10.14 11:28 I attest to the accuracy and integrity of this document