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Allahabad High Court

RUKMESH GUPTA AND 23 OTHERSversusSTATE OF UP AND 2 OTHERS

Decided

Holding

The Court held that the petitioners are entitled to a refund of the deposited premium along with interest.

Summary

The petitioners, a group of 24 individuals, filed a writ petition challenging orders dated 11 September 2012 and 24 December 2025/19 January 2026 that denied them a refund of premium money deposited with the Nagar Palika Parishad Tilhar. They sought a certiorari to quash those orders and directed the respondents to refund the amount with interest. The respondents, represented by the State and the Executive Officer, did not contest the liability to refund the principal but opposed payment of interest. The Court noted that the deposit was undisputedly made and that there was no justification for withholding interest. Consequently, the Court disposed of the petition, directing the Executive Officer to refund the full amount with interest at the rate applicable to a savings account of a nationalized bank within eight weeks. The order was issued on 19 March 2026.

Issues considered

  • Whether the orders of the District Magistrate and Executive Officer denying refund of the premium money can be quashed.
  • Whether the petitioners are entitled to interest on the refunded amount.

Subjects

  • refund of premium
  • interest
  • writ of certiorari
  • public authority
  • money deposited
  • civil liability

Judgment

                HIGH COURT OF JUDICATURE AT ALLAHABAD

                             WRIT - C No. - 5715 of 2026

Rukmesh Gupta And 23 Others
                                                                      .....Petitioner(s)
                                         Versus
State Of Up And 2 Others
                                                                    .....Respondent(s)

Counsel for Petitioner(s)                :   Abhishek Pandey, Ved Prakash Pandey
Counsel for Respondent(s)                :   C.S.C., Harsh Vardhan Gupta

Court No. - 4
                        HON'BLE NEERAJ TIWARI, J.
                        HON'BLE GARIMA PRASHAD, J.

1. Heard learned counsel for the petitioners, learned Standing Counsel for the State-
respondents and Sri Harsh Vardhan Gupta, learned counsel for the respondent no.3.

2. Present petition has been filed with following relief;

"I. Issue a writ, order or direction in the nature of Certiorari quashing the impugned
order dated 11.09.2012 passed by District Magistrate, Shahjahanpur and order dated
24.12.2025 & 19.01.2026 passed by Executive Officer, Nagar Palika Parishad Tilhar,
Shahjahanpur."

3. Case was heard on 12.02.2026 and Court has passed the following order;

"1. Heard learned counsel for the petitioners, learned Standing Counsel for the State-
respondents and Sri Umang Gupta, Advocate holding brief of Sri Harsh Vardhan
Gupta, learned counsel for the respondent no.3.
2. Sri Umang Gupta, Advocate holding brief of Sri Harsh Vardhan Gupta, learned
counsel for the respondent no.3 prays for and is granted one week time to seek
instruction as to why premium money in question has yet not been refunded to the
petitioners.
3. Put up this case as fresh on 19.2.2026."

4. Learned counsel for the petitioners submitted that he is not pressing the prayer so
made, but direction may be issued to refund the amount in question along with
interest.

5. Sri Harsh Vardhan Gupta, learned counsel for the respondent no.3 submitted that
respondents are having no objection to refund the premium money in question, but
without any interest.

6. Once, it is undisputed that money was deposited by the petitioners and further,
entitled for refund, there is no reason not to pay the interest.
                                                                                                    WRIC No. 5715 of 2026
                                                                        2

                                    7. Under such facts of the case, writ petition is disposed of with direction to
                                    respondent no. 3- Executive Officer, Nagar Palika Parishad Tilhar, Shahjahanpur to
                                    refund the entire amount so deposited by the petitioners along with interest applicable
                                    on the saving account of Nationalized Bank within eight weeks from the date of
                                    production of certified copy of this order.

                                    March 19, 2026
                                    Arvind
                                                                               (Garima Prashad,J.) (Neeraj Tiwari,J.)




Digitally signed by :-
ARVIND KUMAR GUPTA
High Court of Judicature at Allahabad


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