RAMNIDHI PATEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioner has filed this petition under Article 226 of the Constitution of India challenging impugned orders dtd. 14/2/2017 and 29/6/2019 (Annexure-P/4) by which recovery is being effected against petitioner.

(2.) Learned Senior Counsel appearing for petitioner submitted that some of the conditions in which recovery cannot be made has been outlined in case of State of Punjab and others Vs. Rafiq Masih (White Washer) and other reported in (2015) 4 SCC 334 . Relevant clause (i) and (iii) of said judgment are quoted as under:-

(3.) Learned Government Advocate for the State justified the same order that excess payment has been made, however, he is not able to justify why recovery can be made in face of order which has been passed by Apex Court in case of Rafiq Masih (supra).