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Judgment
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.