Court No. - 36
Case :- WRIT - A No. - 10089 of 2021 Petitioner :- Vijay Kumar Pal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dhirendra Kumar Srivastava,Ram Chandra Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondent.
Petitioner is before this Court assailing the order impugned dated 5.2.2020 as well as order impugned dated 21.8.2020 passed by the third respondent. With a further request to direct the respondents to pay the recovered amount Rs. 5,33,514/- pursuant to the orders impugned along with interest.
Learned counsel for the petitioner in support of his submissions has placed reliance upon the judgment passed by this Court in Brajesh Kumar Singh Vs. State of U.P. and 2 Others (Writ-A No. 13355 of 2020, dt. 5.1.2021) and as such it is sought to be contended that the present matter is squarely covered by the aforesaid judgment and the similar treatment may also be extended to the petitioner.
The above said argument of learned counsel for the petitioner is not being disputed by learned Standing Counsel.
The writ petition is accordingly allowed in terms of Brajesh Kumar Singh (supra). The orders impugned dated 5.2.2020 and 21.8.2020 are quashed. Petitioner is always at liberty to move an appropriate application for repatriation of the amount recovered before the competent authority. In case any such application is moved, definitely, the Authority would proceed and decide the application of the petitioner expeditiously, in accordance with law.
Order Date :- 13.8.2021 A.K.Srivastava