80 1 S.B. CIVIL WRIT PETITION NO.6658/2007 Subhash & Anr. Vs. The State of Rajasthan & Ors. DATE OF ORDER :: 02-04-2008 HON'BLE MR. MUNISHWAR NATH BHANDARI,J. Mr. H.R. Chawla, for the petitioner. Mr. O.P. Boob, for the respondent-State. This writ petition has been filed to seek refund of an amount of Rs.1,24,500/- along with interest which has otherwise been deposited by the petitioner pursuant to allotment of land. The allotment was thereafter cancelled in the court proceedings which was then initiated by the original allottee whose allotment was cancelled and thereupon only the land was allotted to the petitioner. The original allottee has challenged the order of cancellation and in view of the favourable order therein, the subsequent allotment of the land in favour of the petitioner was set aside. The grievance of the petitioner is that after cancellation of the allotment pursuant to the court proceedings, the respondents should have refunded the amount so paid by the petitioner along with interest. For this purpose, counsel for the petitioner has made reference of a decision of this Court in the case of Chotha Ram Vs. State of Rajasthan, S.B. Civil Writ Petition 80 2 no.3671/2002 decided on 13.2.2003. In the aforesaid case also, this Court has considered that for any reason, if the allotment is cancelled then there exist no justification for the respondent authorities not to refund the amount deposited and in view of the above, an order of refund was made along with interest. Learned counsel for the respondent appearing for the State submits that so far as refund of amount is concerned, they are not contesting the matter but no interest should be awarded against the Government as the cancellation of allotment was pursuant to court proceedings. I have considered the rival submissions of the counsel for the parties and find that even after cancellation of the allotment, payment of amount so given by the petitioner was not refunded to him, hence it becomes clear that the respondents are under an obligation to refund the total amount so paid by the peittioner in regard to the allotment along with interest @ 6% from 21.11.1997 i.e. the date when the allotment made in favour of the petitioner was set aside. In view of the above, writ petition is allowed. The respondents are directed to refund the amount so paid by the petitioner on allotment of land along with interest @ 6% from 21.11.1997. The 80 3 necessary compliance of this order be made within a period of two months from receipt of copy of this order. [Munishwar Nath Bhandari],J. Praveen