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Allahabad High Court

OM PRAKASHversusSTATE OF U.P. AND 2 OTHERS

Decided

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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