JUDGMENT
1. Heared learned Counsel for the parties.
2. By this writ petition, the petitioners seek to quash the order dated November 15, 1978, whereby the allotment order dated 8-4-1960, passed by the Settlement Officer was set-aside and the Sanad 4199 dated 7-3-1963 issued in favour of Indrasingh and Mahendrasingh in consequence to the allotment order was also cancelled.
3. The present petitioners are the transferees. Indrasingh & Mahendra Singh got the land allotted as claimants, but ultimately their claim was rejected. Thereafter, on intimation by the Settlement Officer, the original allottees a sum of Rs. 6500/- against the demand of Rs. 13,653.3ip. On an anonymous complaint, an inquiry was conducted and it was found that the amount was deposited by the original allottees. But the learned Commissioner-cum-Secretary to the Government proceeded to cancel the allotment and the Sanad in view of the fact that the original allottees did not deposit the remaining amount. It was stated by the learned Commissioner-cum-Secretary to the Government in the impugned order that full value of the land has not been paid so far by the non-applicants. It is on this basis that the allotment and the Sanad were cancelled. The present petitioners are prepared to make payment of the principal balance amount along with interest there on at rate of Rs 15% per annum As already stated, allotment was made as far back as in 1960. The original allottees and thereafter the transferees are in the continous possession of the land. In these circumstances, it will be proper to permit the petitioners to continue to remain in possession of the land provided they make payment of the balance amount together with interest thereon at rate of Rs. 15% per annum.
4. This writ petition is, therefore, allowed. The petitioners shall be entitled to retain possession of the land provided they make payment of the balance amount of Rs. 7153.31p. together with interest thereon at rate of Rs. 15% per annum with effect from 23-6-1967 till the date of deposit. Counsel for the petitioners prays for two month’s time to deposit the aforesaid amount. Two months’ time is allowed. After depositing of the amount, the land shall be mutated in the name of the petitioners. In case the complete amount is not deposited as aforesaid, the writ petition shall stand dismissed.