HIGH COURT OF CHHATTISGARH AT BILASPUR DB: Hon'ble Shri Dhirendra Mishra & Hon'bie Shrj RiL._Jhanwar,JJ, WritADDeal No.228/2010 ^ ApDeHants./ ('Petiooner) 1. 2. 4 5. V?; State of Chi-tattisgarh, Through the Secretary, Depa.rtment of Pubiic Worte, DKS Bhawan, Raipur (C.G) The Engineer In Chief, Publte Works Department, Near Akashwani, Raipur (CG) The Chief Engineering, Publ'c Works Departmem, Near Akashwani, Raipur (CG) The Executiye Engineer, Public VVorks Department, C-hampa Divis'on, Champa. The Executive Engineer, Public Works Department, Bi!aspur Division No.1, Bilaspur (CG) C.L. h^ushik, Aged about 62 years, S/o. Shri Atma Ram Kaushik, Retired as Assistant Grade-2, In the office of Executive Englneer, Public W'orks Department, Biiaspur (C.G) Present: Shri Sumesh Bajaj, Govt. Advocate for the State/appellants. Shri N.K. Vyss, counse! for ths respond©nt. ORAL ORDER 1. (18.01.2011) *• This writ appea! is directed against impugned order datsd 29 January, 2010 (Annexurs-A/1), whereby learned Single Judge has M 6 ,»rito!^,^ a'lowed the writ petition preferred by the respondent and issued direction as under: "6. In view of the settled position of law on the point, the petition deserves to be and is ailowed. According!'/, it is directed that if the amount, if any, has aiready been recovered, on account of excess payment made to the petitioner, the same may be refunded to the petitioner with interest at the rate of 6% per annum, subject to verification of facts, as to whether the petitioner has obtained the excess amount on misrepresentation or misleading the fact. No order as to costs." ^ 2. From perusa! of the impugned order, particularly para 4 of ths order, it is evident that the order has been passed with the consent of the Dartiss. 3. Learned counse! for the State/appellants does not press this appeal, however, he prays for liberty to fi!e review petition before the Hon'ble Singte Bench. 4. Learned counsel for the respondent has no objection. 5. Accordingly, the writ appeal is dismissed as not pressed with aforesaid liberty. Sdf- R.L. Jhanwar . Jurige Sd/- DhirendraMishra Judge