- 1 - IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- SPL. APPL. WRIT No. 16 of 2008 STATE & ANR. V/S SMT. SHANTI DEVI Mr. BL BHATI, AGA, for the appellant / petitioner Mr. GJ GUPTA, for the respondent Date of Order : 23.1.2008 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI DEO NARAYAN THANVI,J. ORDER ----- Heard learned counsel for the parties. By the impugned order, the learned Single Judge has ordered the possession to be restored on payment of the price as mentioned in the conditions of allotment. In our view, without going into the question, as to who was at fault in the matter of not making payment of the price of the land, the fact does remain that the allottee is continuing in possession, and is deriving the income therefrom, at the same time, the fact also does remain that the payable amount had not been paid by the allottee. In these circumstances, in our view, the interest of justice would be met if the allottee is directed to now - 2 - make the entire outstanding payment within three months from today alongwith simple interest @ 6% per annum. It is made clear that if now the payment is not made within a period of 14 weeks from today, the cancellation of allotments shall revive, and the writ petition of the writ petitioner-respondent shall automatically stand dismissed without reference to the Court. The appeal is, accordingly, disposed of. ( DEO NARAYAN THANVI ),J. ( N P GUPTA ),J. /tarun/