The court held that recovery of excess payments made erroneously is not permissible if the case is squarely covered by existing precedents of the Division Bench regarding the same controversy.

ORDER

Per: Justice Gurpal Singh Ahluwalia

Heard on I.A.No. 11553/2026. This is an application for condonation of delay.

According to the appellants/State, the delay is of 256 days.

Although, the delay has not been properly explained and State has tried to claim itself as a privileged litigant, but looking to the controversy which is involved in the present case, this Court is of considered opinion that the delay can be condoned subject to payment of cost of Rs. 2,000/- to be paid by the appellants/State in the Registry of this Court within one month from today. The respondent shall be free to withdraw the said cost.

Accordingly, I.A.No.11553/2026 is allowed and delay in filing this appeal is hereby condoned.

Heard on question of admission.

This writ appeal under Section 2(1) of M.P. Uchcha Nayaylaya (Khand Nyaya Peeth Ko Appeal) Adhiniyam, 2005 has been filed against order dated 25.08.2025 passed by learned Single Judge in W.P.No. 9988/2023, by which direction for recovery from the petitioner on the ground of excess payment, which was made to him erroneously, has been quashed.

In the case of State of M.P. and others Vs. Anil Kumar Jain decided on 06.05.2026 in W.A.No.1362/2026 , the Additional Advocate General of State made a categorical statement that reliance placed upon by the Single Judge on a judgment passed by Division Bench of this Court in the case of State of M.P. and others Vs. Ramrao Bhimte decided in W.A.No.1657/2025 was correct and, accordingly, it was stated that the order passed by learned Single Judge is squarely covered by the said order. The case in hand is also identical in nature.

This Court in the case of Anil Kumar Jain (supra) has passed the following order:-

"Heard on I.A. No.5847/2026. This is an application for condonation of delay.

2. For the reasons mentioned in the application, I.A. No.5847/2026 is allowed and the delay in filing this appeal is hereby condoned.

3. This writ appeal under Section 2(1) Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 has been filed against the order dated 04/08/2025 (Annexure A/1) passed by learned Single Judge

4. It is fairly conceded by counsel for appellants/State that learned Single Judge has relied upon the judgement passed by Division Bench in the case of State of Madhya Pradesh and others Vs. Ramrao Bhimte decided in WA No.1657/2025 and said judgement takes care of the controversy involved in the present case. The present case is squarely covered by the said order.

5. In view of the statement made by counsel for appellants/State, nothing survives in this writ appeal and the same is accordingly, dismissed."

Accordingly, this appeal is also dismissed in terms and conditions of the order passed in the case of Anil Kumar Jain (supra).