Allahabad High Court
OM PRAKASHversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- PRAKASH PADIA
Holding
The respondent is directed to pay the interest of Rs.18,296 to the petitioner within three weeks.
Summary
The petitioner, Om Prakash, filed a writ petition seeking payment of interest on a sum of Rs.3,64,654 that had been paid to him on 15 April 2026. The respondent State of U.P. and others filed a compliance affidavit stating that the principal amount had been paid and that interest of Rs.18,296 was calculated, pending permission from the State Government for its payment. The Court examined the affidavit and the parties' submissions. It held that the respondent, specifically the Commandant of 43 Battalion P.A.C. Etah, must pay the interest of Rs.18,296 to the petitioner within three weeks. The Court further directed that failure to comply would allow the petitioner to file a recall application, and ordered the Registrar to communicate the order to the respondent.
Issues considered
- Whether the respondent is liable to pay interest of Rs.18,296 to the petitioner
- Whether the petitioner is entitled to a direction for payment of interest pending State Government permission
Subjects
- interest payment
- compliance affidavit
- writ petition
- civil procedure
- court order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 4392 of 2026
Om Prakash
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Puneet Kumar Verma
Counsel for Respondent(s) : C.S.C.
Court No. - 6
HON'BLE PRAKASH PADIA, J.
1. Pursuant to the order passed by this Court, compliance affidavit has
already been filed by the learned Standing Counsel which is on record.
2. It is stated in eh affidavit that payment of a sum of Rs.3,64,654/- has
already been made in favour of the petitioner on 15.04.2026 and insofar
as the payment of interest is concerned, it has also been calculated as
Rs.18,296/-. It is further stated that for payment of interest, necessary
permission is being sought from the State Government.
3. Heard learned counsel for the parties and perused the record.
4. In the facts and circumstances of the case,the present petition is
disposed of directing the respondent No.3/Commandant, 43 Battalion
P.A.C. Etah to make payment of interest as Rs.18,296/- in favour of the
petitioner within three weeks from today.
5. It is made clear that in case, the payment has not made within the
aforesaid period, the petitioner is free to file recall application.
6. Registrar (Compliance) is directed to communicate a copy of this order
to the respondent No.3/Commandant, 43 Battalion P.A.C.
Etah forthwith.
(Prakash Padia,J.)
May 7, 2026
saqlain
Digitally signed by :-
SYED MOHAMMAD SAQLAIN HAIDER
High Court of Judicature at Allahabad
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