D.B.Civil Special Appeal(Writ) No.1680/2008 State of Raj.& ors. V/s Amarnath Pareek & anr. 11.11.2008 Hon'ble the Chief Justice Mr.Narayan Roy Hon'ble Mr.Justice Raghuvendra S.Rathore Mr.J.M.Saxena for the appellants. Heard learned counsel for the appellants upon limitation application and also on merit. The delay in filing this appeal however is condoned. By the order impugned, the learned Single Judge of this Court dismissed the writ application filed by the appellants upholding the orders passed by the authorities and also the Tribunal in regard to directions of the State Government for withdrawal of benefit of stepping-up already paid to the respondent no.1. The learned Single Judge of this Court, on appreciation of facts and pleadings of the parties, held that since there was no mis-representation or fraud played by the beneficiary, the payments already made should not be recovered. It is not in dispute that no case of fraud or mis-representation has been made out by the appellants against the beneficiary. Regard being had to the facts and circumstances of the case, therefore, we do not find any merit in this appeal. It is accordingly dismissed. (Raghuvendra S.Rathore)J. (Narayan Roy)C.J. Parmar