CWP No.6735 of 2006 1 IN THE HIGH COURT OF PUNJABAND HARYANA AT CHANDIGARH CWP No.6735 of 2006 (O&M) Date of Decision 7.12.2009 Ex.Hav.Surjeet Singh ...Petitioner Vs. The Chief Administrator & Secretary, Haryana State Agricultural Marketing Board & Ors. ...Respondents CORAM: HON'BLE MR. JUSTICE VINOD K.SHARMA Present: Mr.R.S.Panghal, Advocate, for the petitioner. Ms.Geeta Singhwal, Advocate, for the respondents. Vinod K.Sharma, J. (Oral) CM No.18408 of 2009 This Civil Misc. application has been moved by the petitioner- applicant for disposal of the writ petition being covered matter. Learned counsel for the respondents accepts notice on behalf of the respondents and states that the matter is covered. Civil Misc. is allowed. The writ petition is taken up for hearing. CWP No.6735 of 2006 2 CWP No.6735 of 2006 In view of the decision of Full Bench of this Court in the case of Budh Ram & Ors. Vs. Haryana State (2009-3) PLR 511, the impugned order cannot be sustained, as the respondents cannot recover amount wrongly paid, unless fraud or misrepresentation is alleged. In the case in hand no misrepresentation or fraud is attributed to the petitioner, therefore, the benefit even though wrongly granted cannot be recovered. Consequently, this writ petition is allowed. The impugned order directing the recovery of the amount paid in excess to the petitioner is quashed. No costs. (Vinod K.Sharma) 7.12.2009 Judge rp