MOHANPRASAD TRIPATHI versus STATE OF MAHARASHTRA AND ORS.

MOHANPRASAD TRIPATHI versus STATE OF MAHARASHTRA AND ORS.

The High Court erred in not ordering refund of the deposit after declaring the writ petition infructuous; the amount should be returned to the appellant forthwith, and if in a bank, with accrued interest.

Parties
Appellant: Mohanprasad Tripathi; Respondent: State of Maharashtra and Ors.
Jurisdiction
India
Judgment Date
23 May 2006
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeals From High Court Orders
Outcome
Appeals allowed, High Court orders set aside.
Legal Topics
Public Interest Litigation, Practice & Procedure, Refund of Deposited Amount
Constitutional Law Civil Procedure Public Interest Litigation Practice & Procedure Refund of Deposited Amount

Case Brief

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Parties

Mohanprasad Tripathi

Appellant

State of Maharashtra and Ors.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeals From High Court Orders

Legal Issues

  1. 1 Whether the High Court erred in refusing refund of the amount deposited by the appellant after dismissing the writ petition as infructuous

Ratio Decidendi

The High Court erred in not ordering refund of the deposit after declaring the writ petition infructuous; the amount should be returned to the appellant forthwith, and if in a bank, with accrued interest.

Court Disposition

Appeals allowed, High Court orders set aside.

Orders

  • Registry of the High Court of Judicature at Bombay, Nagpur Bench, directed to refund Rs. 1 lakh forthwith to the appellant.
  • If the amount is deposited in any bank, appellant is entitled to Rs. 1 lakh together with interest accrued thereon.