UNION TERRITORY OF JAMMU AND KASHMIR THROUGH OFFICE OF TREASURY OFFICER vs SMT. BIMLA KOUL HANDOO AND ANR

Judgment text excerpt

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 258/2025, CM APPL. 22742/2025 & CM APPL. 22743/2025 UNION TERRITORY OF JAMMU AND KASHMIR THROUGH OFFICE OF TREASURY OFFICER .....Appellant Through: Mr. Rushab Aggarwal, Advocate. versus SMT. BIMLA KOUL HANDOO AND ANR .....Respondent Through: Ms. Sakshi Mehley, Ms. Harshita Kumar, Mr. Sajal Manchanda and Mr. Harsh Chaudhary, Advocates for R-1. Mr. Rajinder Wali, Advocate for JK Bank/R-2. % Date of Decision: 21.04.2025 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGEMENT TUSHAR RAO GEDELA, J (ORAL) CM APPL. 22743/2025 (for condonation of delay in filing the appeal) 1. Cause shown is sufficient. Accordingly, the application is allowed. Delay of 55 days in filing the appeal is condoned. 2. The application stands disposed of. LPA 258/2025 3. Present Letters Patent Appeal has been filed challenging the order dated 07.01.2025 passed by the learned Single Judge in W.P.(C) 4817/2023 titled “Smt Bimla Koul Handoo vs. Union Territory of Jammu and Kashmir & Anr.”, wherein the writ petition filed by the respondent no.1 herein has Signature Not Verified Digitally Signed LPA 258/2025 Page 1 of 7 By:VINOD KUMAR Signing Date:24.04.2025 15:42:56 been allowed directing the appellant to refund the amount of Rs.11,61,477/- wrongfully deducted from the bank account of the respondent no.1 within ten weeks from the date of the order and in default whereof payment of the said amount would attract 8% interest per annum from the date of deduction till disbursal. 4. Mr. Aggarwal, learned Standing Counsel for the appellant/Union Territory of Jammu & Kashmir has urged the same submissions as was addressed before the learned Single Judge. His first contention is that the respondent no.1 could not have maintained the unde