JUDGMENT 1. - This writ petition has been filed by Bajranam Sen for mandamus directing the respondents to pay interest on the principal amount of compensation at the rate of 10 per cent. per annum in accordance with the law laid down by Supreme Court. 2. The petitioner was a Zagirdar whose zagir was resumed on 1.8.1955 under the Ajmer Intermediary Abolition Act, 1955 (hereinafter referred to as the 'Act'). As a result of resumption, the petitioner became entitled to compensation under the provisions of the Act. The petitioner filed a claim for compensation. The Compensation Commissioner, by his order dated 12.9.1969, determined the compensation. The petitioner as well as the State went in appeals and the High Court, on 21.12.79, remanded the case for redetermination of compensation. Thereafter, the petitioner and the State of Rajasthan moved petition under Article 136 of the Constitution of India before the Supreme Court against the judgment of the High Court dated 21.12.1979, which were dismissed on 24.4.1981. 3. Thereupon, on 21.9.1983, the Compensation Commissioner, Ajmer determined the compensation in compliance with the order of the High Court dated 21.12.1979. Final payment of compensation of the principal amount was made to the petitioner on 21.3.1986 but despite repeated demands, the State of Rajasthan did not pay the interest claimed by the petitioner at the rate of 10 per cent. per annum in accordance with the decision of the Hon'ble Supreme Court in Thakur Narain Singh v. State of Rajasthan AIR 1982 SC 979 . After continuous correspondence with the State of Rajasthan, when the petitioner could not get any reply, he submitted a demand of justice on 12.8.86 to the Chief Secretary of the Govt. of Rajasthan but that too met the same fate. Hence this writ petition. 4. The claim of the petitioner was disputed by the respondents. 5. Learned counsel for the petitioner urged by relying on the decision of Hon'ble Supreme Court in Thakur Narain Singh's case (Supra) that those whose zagirdari rights had been taken by the State, are entitled to get interest at the rate of 10 per cent. per annum. 6. Having heard learned counsel for the parties and going through the decision of Hon'ble Supreme Court in Thakur Narain Singh's case (Supra), I am of the view that the petitioner's claim for interest is correct.
per annum. 6. Having heard learned counsel for the parties and going through the decision of Hon'ble Supreme Court in Thakur Narain Singh's case (Supra), I am of the view that the petitioner's claim for interest is correct. In Thakur Narain Singh's case (Supra), the Supreme Court observed as under: ......The appellant will also be entitled to interest at the rate of 10 per cent. per annum on the amount of compensation so determined, from the date of resumption till the date of payment of the compensation." 7. Following the principle laid down by Hon'ble Supreme Court in the aforesaid case, I hold that the petitioner is also entitled to get interest on the principal amount of compensation at the rate of 10 per cent. per annum. 8. In the result, the writ petition is allowed and the State of Rajasthan - respondent No. 1 is directed to pay the petitioner interest at the rate of 10 per cent per annum on the amount of compensation so determined, from the date of resumption till the date of payment of the compensation. In the facts and circumstances of the case, the petitioner will also be entitled to getPetition allowed with costs. *******