State of Rajasthan vs Sushila Devi D/o Shri Brij Lal

The appeal is barred by limitation from 68 days. Ignoring the

same, we have examined merits of the case.

This appeal is preferred to question correctness of the

judgment dated 18.10.2016 passed by learned Single Bench in a

bunch of writ petitions led by S.B. Civil Writ Petition

No.8047/2011.

By the order impugned, learned Single Bench allowed the

writ petition with the direction to the appellant-respondents to

refund the principal amount and also consider the case of the

petitioner for grant of interest on the said amount within a period

of three months from the date of order in light of an earlier

judgment of this Court in the case of Vinod Kumar Vs. State of

Rajasthan (S.B. Civil Writ Petition No.5667/2006) decided on

20.08.2007.

The only argument advanced by learned counsel for the

appellants is that the land in question was in possession of the

respondent-petitioner uptill 2016 and, as such, no reason there

was for grant of any interest.

We do not find any just reason to interfere with the order

impugned, wherein the direction given is only to consider case of

the petitioner for grant of interest on principle amount. While

settling the interest, all other eventualities, if exist, may those be

relating to the right accrued in favour of the appellants, may be

examined. This direction clearly indicates the discretion available

with the appellant-respondents to consider all eventualities

relating to the issue in question.

The appeal is dismissed accordingly.