WP(C) 4760/2009 BEFORE THE HON’BLE MR JUSTICE B.P.KATAKEY Heard Mr I Rafique, learned counsel for petitioner. Also, heard Mrs VL Singh, le arned State counsel appearing for the respondents. The grievance of the petitioner in the present petition is that although the appellate Court, under the provisions of Assam Fixation of Ceiling of Land Holding Act 1956, by the order dated 3rd June 1983 passed in Misc Appeal No.6/ 1 982, arising out of Ceiling Case No.99/DBB/77-73, had awarded a sum of rupees ni ne-thousand-and-five-hundred for improvement of the land acquired under the prov isions of the said Act, apart from an amount of Re.1/- per bigha, for an area of 95B-0K-9L of land, with interest at the rate of six percent per annum from the date of acquisition till the date of realization of the said amount, he has not been paid anything by the respondent authorities till date. It appears from order dated 3rd June 1983 that the petitioner viz. Hamid Ali Sheikh was found to be entitled to rupees nine-thousand-and-five-hundred ap art from rupee one per bigha in respect of 95B-0K-9L of land, and though by the said order interest at the rate of six per cent per annum from the date of acqui sition till the realization of the amount was directed to be paid, nothing has b een paid to the petitioner. It also appears that Deputy Commissioner, Dhubri, vi de communications dated 2nd June 2005 and 24 July 2008 had requested the Governm ent of Assam ~ in the Revenue(Reforms) Department ~ to sanction an amount of rup ees thirty-nine-thousand-one-hundred-and-seventy-two, and fourty two thousand si x hundred and five, respectively. By the second communication dated 24th July 20 08, the earlier amount was raised by rupees three-thousand-four-hundred-thirty-t hree, towards interest for non-payment of the said amount. The contentions of the petitioner in the present petition are not contro vered by the respondents by filing any affidavit-in-opposition. That being the position, the respondent Nos.1 & 2 are directed to sancti on the said amount of rupees forty-two thousand-six-hundred-and-five, as request ed by the Addl. Deputy Commissioner, Dhubri, vide communication dated 24th July 2008, together with interest at the rate of six per cent per annum to be calcula ted from that date, and to make said fund available to the Deputy Commissioner, Dhubri, for payment to the petitioner. The same is directed to be done within a period of 45 days from today. On receipt of the amount, the same shall be releas ed to the petitioner. It is needless to say that amount, if any, already paid sh all be deducted there from. The writ petition is allowed to the extent indicated above. No costs.