JUDGMENT :

1. The instant writ petition has been filed by the Petitioner claiming interest @12% per annum on the compensation amount paid to the Petitioner within a time frame.

2. The facts involved in the instant case is that Anawaruzzaman, Khairuzzaman and Kamaruzzaman, the legal heirs of Late Nurujjaman, Late Mohabbat Zaman Mandal and Late Samastabhan Bewa and Nobijan Bewa were the jote holders of a plot of land measuring 49 Bighas 7 Kathas 2 Dhurs under Touji No.4. The said three persons namely Anawaruzzaman, Khairuzzaman and Kamaruzzaman had given a power of attorney to the Petitioner empowering him to take steps in respect to the compensation arising out of the acquisition of their rights under the provisions of Assam State Acquisition of Zamindaries Act, 1951 (for short “the Act of 1951”).

3. From the perusal of the writ petition, it transpires that the Government vide a notification dated 09.03.1963, had acquired the land measuring 49 Bighas 7 Kathas 2 Dhurs under the provisions of the Act of 1951. On the basis of the said notification, the said land stood transferred and vested in the State free from all encumbrances w.e.f. the 1st day of Bohag, 1370 B.S. i.e. 15.04.1963. It further reveals from a perusal of the writ petition that the Compensation Officer was appointed under the Act of 1951 and in respect to the compensation, a case was registered being Case No.III-135/G/63 to determine the compensation payable to the tenure holders against the Acquired Estate in terms with the provisions of the Act of 1951. The Compensation Officer, Dhubri vide a letter dated 03.07.2010 issued to the Secretary, Government of Assam, Revenue (Reforms) Department submitted the final statement of compensation and award of ad interim compensation for an amount of Rs.20,16,162/- and for another amount of Rs.23,68,988/- in respect to the Compensation Case No.III-135/G/63 duly filled in Form-C for award of ad-interim compensation and Form-E for payment under Section 10-13 and under Section 20(2) of the Act of 1951. In spite of the said compensation being adjudged by the Compensation Officer and the issuance of the communication dated 03.07.2010, there was no payment made to the Principals of the Petitioner for which the Petitioner herein has approached this Court by filing a writ petition which was registered and numbered as WP(C) No.4063/2010.

4. This Court vide an order dated 26.07.2010 disposed of the writ petition directing the Principal Secretary to the Government of Assam, Finance Department, Assam to take necessary steps to examine the matter in full and in particular the tenability of the claim of the tenure holders whom the present petitioner represents and if on such scrutiny, they are found entitled to the compensation as contemplated under the Act of 1951, the Principal Secretary to the Government of Assam, Finance Department was directed to ensure that the quantified amount are defrayed without delay. It was further observed that as the tenure holders were waiting for long, the process indicated would be completed within a period of two months from the date of receipt of the certified copy of the order.

5. It further reveals that the Petitioner duly submitted the said copy of the order dated 26.07.2010 passed in WP(C) No.4063/2010 to the Principal Secretary to the Government of Assam, Finance Department. However, as there was no compliance to the said order, a contempt proceedings was initiated by the Petitioner being Contempt Case No.27/2011 before this Court. Pursuant thereto, the Deputy Secretary, to the Government of Assam, Revenue and Disaster Management Department issued two communications dated 23.05.2011 and 06.06.2011 whereby the sanction of the Governor of Assam was conveyed of an amount of Rs.20,16,162/- and 23,68,988/- respectively and it was further mentioned that the said amount be payable to the persons whom the Petitioner herein represent as the attorney holder. It was also mentioned that the compensation amount may b