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2021 Supreme(Pat) 92

ANIL KUMAR UPADHYAY
Surendra Mandal Son of Late Nunulal Mandal – Appellant
Versus
State of Bihar through the Principal Secretary, Home Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Abhay Shankar Singh, Advocate
For the Respondent: Mr. Manjo Kumar Sinha, AC to GA

JUDGMENT :

1. Since all these writ applications involve an identical issue, they have been heard together and are being disposed of by this common judgment.

2. Mr. Abhay Shankar Singh, learned counsel appearing on behalf of the petitioners of all these writ applications, except CWJC No. 1744 of 2020, would submit that the petitioners were granted the benefit of ACP with an open eye by the respondents and after long duration of granting such benefit of ACP, they have become wise and took decision to not only nullify the benefit granted to the petitioners recalling the benefit of ACP but also decided to recover the amount allegedly paid in excess to the entitlement of the petitioners notwithstanding the fact that there was no misrepresentation or fraud practiced by these petitioners.

3. Mr. Y.V. Giri, learned senior counsel appearing on behalf of the petitioners of CWJC No. 1744 of 2020, has made exhaustive submissions. He referred to Annexure-16, the chart prepared by the petitioners, to demonstrate that the petitioners were granted first ACP in 2008 and thereafter second ACP was granted to them in 2010 to 2013. Mr. Giri with reference to the chart submitted that the petitioners were t

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