Page No.# 1/6 GAHC010041102026 2026:GAU-AS:7169 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1286/2026 PRADIP SAHA S/O PATIT PABAN SAHA R/O D.D. ROAD, WARD NO. 5, P.O. DHUBRI DIST.- DHUBRI, ASSAM. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-6, ASSAM 2:THE COMMISSIONER AND SECRETARY DEPARTMENT OF FINANCE GOVT. OF ASSAM DISPUR GUWAHATI-6 ASSAM. 3:THE DEPUTY SECRETARY REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI-6 ASSAM. 4:THE DEPUTY COMMISSIONER DHUBRI DISTRICT-DHUBRI ASSAM. 5:THE COMPENSATION OFFICER DHUBRI Page No.# 2/6 DISTRICT-DHUBRI ASSAM Advocate for the Petitioner : MS N SAIKIA, M P CHOUDHURY,MR M Z RAHMAN Advocate for the Respondent : GA, ASSAM, SC, FINANCE,SC, REVENUE BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 21-05-2026 Heard Ms. N. Saikia, learned counsel for the petitioner; Mr. R. Borpujari, learned Standing Counsel, Finance Department and Revenue Department for the respondent nos. 1, 2 & 3; and Mr. J. Handique, learned Junior Government Advocate, Assam for the respondent nos. 4 & 5. 2. The petitioner has claimed himself to be a Power of Attorney holder of a number of ex-tenure holders of various estates covered by taluk numbers in the undivided Goalpara district of Assam, which falls presently within Dhubri district of Assam. The petitioner has stated that he has represented a nos. of ex-tenure holders of taluks which were acquired by the State Government under the provisions of the Assam State Acquisition of Zamindaris Act, 1951 [‘the 1951 Act’, for short]. 3. The petitioner has stated that in the instant writ petition, he has espoused the cause of one Azam Ali, son of Late Saheb Ali Sk, who is a resident of Village - Bayejer Alga Part – VIII, P.O. – Bondihana, P.S. – Fakirganj, District – Dhubri, Assam. The further case of the petitioner is that Saheb Ali Sk owned and Page No.# 3/6 possessed Jote land measuring 49 Bighas 0 Katha 10 Lessas, as a tenure-holder in Mouza – Bayejar Alga under Gauripur Acquired Estate under Touzi no. 137. The said parcel of land came under the acquisition process of the State Government initiated under the 1951 Act. After the acquisition process, the Compensation Officer prepared an official statement of compensation. In an Order dated 24.03.2010 passed in Compensation Case no. III-233/SS/65, the Compensation Officer had observed that a Jote of land measuring 49 Bighas 0 Katha 10 Dhurs [Zamindari measurement] covered by Touzi no. 137 of Mouza – Boyjeralga, District – Goalpara now Dhubri under Gauripur acquired estate held by the Ex-Tenure Holder, Saheb Ali Sk was acquired by the State of Assam vide Gazette Notification no. RRZ-9/64/237 dated 06.04.1965 under the provisions of the 1951 Act and the said Jote was vested in the State w.e.f. 14.04.1965. The Order further mentioned that after the acquisition of the Jote by the State, compensation case for assessment of compensation to be paid to the Ex-Tenure Holder [ETH] was started. It was further observed that the ETH was deprived from the payment of compensation despite elapse of 45 years and the reason for denial of compensation was not known. Having examined the case record in detail; perusing the report submitted by the Circle Officer, Bagribari Circle and that considering the fact that the legal heir of the deceased ETH had submitted petition for payment of compensation along with return in Form ‘B’, the Compensation Officer had found the claim was found to be genuine. By the said Order dated 24.03.2010, the respondent no. 5 directed the office to prepare a draft statement of Compensation. 4. Thereafter, on 07.04.2010, the respondent no. 5 submitted final Compensation Statement and award of ad-interim Compensation in respect of Page No.# 4/6 Compensation Case no. III-233/SS/65 to the State Government in the Revenue [Reforms] Department by an Office Letter dated 07.04.2010. It is mentioned therein that the final Statement of Compensation and award of ad-interim Compensation for amounts of Rs. 9,93,232/- and Rs. 11,17,395/- were awarded in Compensation Case no. III-233/SS/65 and the same was passed in Form ‘C’ for payment under Sections 10-13 and Section 20[2] of the Assam State Acquisition of Zamindaries Act, 1951. The respondent no. 5 had requested the State Government in Revenue [Reforms] Department to accord necessary sanction at the earliest. A copy of the Letter dated 07.04.2010 was also communicated to Sri Ayeb Ali and Sri Azam Ali, who are the legal heirs of the deceased ETH, Saheb Ali Sk. 5. It was in the year 2011, the legal representative of deceased ETH, Saheb Ali Sk received the compensation amount. In the above backdrop, the instant writ petition is preferred by the petitioner in the interest of the Principal, Azam Ali seeking inter alia a direction to the State respondents to release the interest on the rate as provided in Section 21[3] of the Assam State Acquisition of Zamindaries Act, 1951, the compensation amount passed in favour of the legal heirs. The writ petition is preferred on the basis that in a Judgment and Order dated 04.10.2023 passed in a writ petition, W.P.[C] no. 7196/2013, wherein the petitioner was similarly situated like the principal of the attorney-holder, the Court referring to the provisions of the Assam State Acquisition of Zamindaries Act, 1951, more particularly, Section 21 thereof and considering the fact of non- receipt of the principal Compensation Amount, had observed as under :- 13. In the instant case, it is also seen that w.e.f. 15.04.1963, the Page No.# 5/6 Principals of the Petitioner had lost right over their tenure on the basis of the notification issued under Section 3(1) of the Act of 1951. The payment was made to the Petitioner sometime in the year 2011 or 2012. During this entire period from 1964 till 2011 and 2012, the Principals of the Petitioner were deprived of enjoying the tenure and also the benefits which accrued on the basis of the tenure. Under such circumstances, this Court is also of the opinion that the Principals of the Petitioner are entitled to interest from the date of vesting of the tenure upon the State i.e. 15.04.1963 till the date of payment. 6. In the present case, the Jote land measuring, 49 Bighas 0 Katha 10 Dhurs of the deceased ETH, Saheb Ali Sk stood vested in the State w.e.f. 14.04.1965. Therefore, taking cue from the above, this Court is also of the view that the Principal of the petitioner i.e. Azam Ali and/or other legal representative of deceased ETH, Saheb Ali Sk, if any, are entitled to interest from the date of vesting of the tenure upon the State, that is, w.e.f. 14.04.1965 till the date of payment. By the Judgment and Order dated 04.10.2023, the Court has granted interest at 2.5% on the Compensation Amount w.e.f. the date of vesting to the date of actual payment. Therefore, it is directed that the respondent authorities shall assess the interest amount @ 2.5% per annum on the compensation amount w.e.f. 14.04.1965 till the date of actual payment. It is needless to mention that before disbursement of the amount, the respondent no. 2 shall ensure due identification of the legal representatives of the deceased ETH in person and shall verify whether other than Azam Ali, the deceased ETH, Saheb Ali Sk has any other legal representatives and thereafter, shall ensure disbursement of the amount in the respective bank account[s]. The entire exercise is to be completed within a period of 60 [sixty] days from the date of Page No.# 6/6 submission of a certified copy of the instant order before the respondent no. 5. 7. With the observation made and direction given above, the writ petition is disposed of. No cost. JUDGE Comparing Assistant