C.W.P. No.7492 of 2006 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.7492 of 2006 (O&M) Date of Decision: 07.01.2010 Sh. Ram Singh ....Petitioner Versus The Chief Administrator & Secretary, Haryana State Agriculture Marketing Board, Panchkula and others ....Respondents 2. C.W.P. No.8171 of 2006 Sh. Ram Sarup ....Petitioner Versus The Chief Administrator & Secretary, Haryana State Agriculture Marketing Board, Panchkula and others ....Respondents Present: Mr. R.S. Panghal, Advocate for the petitioner. Ms. Geeta Singhwal, Advocate for the respondents. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the Reporters or not ? No 3. Whether the judgment should be reported in the Digest? No -.- K. KANNAN J.(ORAL) 1. Learned counsel for the petitioner states that the point involved in the twin writ petitions relating to the untenability of recovery of the alleged excess payment made shall be impermissible in view of the decision of a Full Bench of this Hon'ble Court in Budh Ram and others Vs. State of Haryana C.W.P. No.7492 of 2006 (O&M) -2- (2009) 3 PLR 511 that the recovery of an excessive payment could not be made unless fraud or misrepresentation is alleged and proved. In the case at hand, no misrepresentation or fraud is attributed to the petitioner and therefore, the benefit that the petitioner granted, even if wrongfully, cannot be recovered. 2. The writ petitions are, under the circumstances, allowed and the impugned order that the recovery of the amount paid in excess to the petitioner is quashed. There shall be, however, no direction as to costs. (K. KANNAN) JUDGE January 07, 2010 Pankaj*