(1.) Heard learned Counsel for the parties.
(2.) Learned Counsel for the respondents vehemently opposed the prayer and submits that in the event of inquiry of entire record at the time of finalization of retrial benefits if it is found that certain amount has wrongly been paid to the petitioner due to wrong acceptance of re-option that can be recovered at any stage, therefore, there is no illegality in making correct fixation and effecting the recovery from the petitioner's retrial benefits, therefore, this writ petition may be dismissed.
(3.) After hearing learned Counsel for the parties, I am of the opinion that controversy involved in this case is squarely covered by the judgment of Sayed Abdul Qadir , in which, the following observations were made:--