THE HONOURABLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No :26472 of 1998 DATED:06-02-2008 BETWEEN: V.V.V.R.K.Yachendra. ..... PETITIONER AND The State of Andhra Pradesh, Rep., by its Secretary to Government, Revenue Department, Secretariat Buildings, Hyderabad & 2 others. .....RESPONDENTS ORDER: Heard learned counsel appearing for the petitioner as well as the learned Government Pleader for Revenue appearing for the respondents. 2. Petitioner seeks a writ of mandamus directing the respondents herein to calculate the interest payable on the admitted amount of Rs.3,13,077.80 ps from the year, 1948 and pay the same to the petitioner without any further delay. 3. It is the case of the petitioner that his father, namely V.S.K.Yachendra, was the estate holder of Venkatagiri and the said estate was taken over by the Government. The said V.S.K.Yachendra took a loan from the State Government towards repair of various tanks in the erstwhile estate of Venkatagiri and the entire loan amount was paid to the Government. It is stated that the Government worked out an amount of Rs.75,070.40ps payable to the petitioner. It is the case of the petitioner that he is entitled to interest towards due relating to the decrees. The said decrees were realized and recovered from the ryots by the State Government and therefore petitioner is entitled to 12% interest p.a., from 1948 till date. It is stated that the petitioner is entitled to interest on the admitted amount payable to him. 4. A counter has been filed by the Joint Collector, Nellore stating that the decretal amount due to the estate holder towards the decretal charges including costs was Rs.2,41,038.06 and the amount due towards the arrears of the land revenue was Rs.1,06,826.14 ps and thus the petitioner-estate holder was entitled to the said amount of Rs.3,47,864.20 ps out of which the Government is entitled to deduct 6% towards collection charges under Section 6 of the Estate Abolition Act amounting to Rs.34,786.42 ps and the entire amount due to the estate holder from the Government is Rs.3,13,077.78ps. It is stated that the loan amount taken by the petitioner was not paid and still the principal amount of Rs.83,894.04ps was due as on 19-11-1964 and the estate holder is liable to pay 6% interest on the said amount and accordingly 6% interest was calculated upto 30-06-1995 amounting to Rs.1,54,113.36 ps and after deducting the principal loan amount and interest totalling Rs.2,38,007.40ps, the net amount due to the estate holder determined upto 30-06-1995 was Rs.75,070.40ps. 5. Learned counsel appearing for the petitioner relied on a judgment of the Supreme Court in R.V.M.NEELADRI RAO AND OTHERS v. THE BOARD OF REVENUE, HYDERABAD AND OTHERS[1] wherein it was held that on the amount of the rents collected by the Manager on behalf of the Government and the final figure of compensation the estate holder is entitled to interest @ 6% p.a. 6. On the other hand, learned Government Pleader submits that as per facts of the aforesaid case cited supra, admittedly the amounts due and payable to the land holders were collected by the Government but no amount was paid to them and therefore, the Apex Court declared that the estate holder is entitled to 6% interest on the amount of rents collected by the Manager on behalf of the Government and final figures of the compensation should have been determined after taking into account the amount of interest which accrued due to such of the estate holders as were entitled to. He further submits that in the instant case though the estate holder is entitled to certain decretal amount due but the said amount was not at all collected by the Government, and the decretal amounts and rents due from Fasli 1356-1358 could not be collected as most of the Judgment-debtors and the tenants are not available and some having died and others having left the village they could not be contacted for recovery of the dues as the lands on which the arrears accrued have been passed on to several hands during the past fifty years and it is not possible to say who are the legal representatives to the judgment-debtors and the tenants. Therefore, it is stated that from out of the amounts due to the estate holder Rs.3,13,077.78 ps the principal loan amount and interest of Rs.Rs.2,56,883-68ps was deducted and net amount due to the estate holder was determined as Rs.56,194.10ps as on 31- 03-1999. Thus, it is the case of the Government that the petitioner is entitled to only Rs.56,194.10ps/- though it was earlier addressed for payment of amount of Rs.75,078/-. 7. Learned Government Pleader also obtained written instructions from the Collector and District Magistrate, Nellore in Letter Rc.E13/1332/98, dated 06-10-1997, stating that the Government has finally settled the amounts entitled by the estate holder and as per the final settlement Rs.56,194.10ps is the amount payable. 8. In view of the aforesaid facts and circumstances of the case, I am of the opinion that the petitioner is entitled to refund of the net amount of Rs.56,194.10ps as per the final settlement eventhough the decretal amounts have not been collected by the Government. I am of the further opinion that the Government is not entitled to deduct any further amount of 6% on the loan amount as they have finally settled the amount due and payable to the petitioner at Rs.56,194.10ps as on 06-10-1997. 9. Accordingly, Writ Petition is disposed of directing the respondents to pay the said settled amount of Rs.56,194.10ps within four weeks from the date of receipt of this order. There shall be no order as to costs. _________________ V.ESWARAIAH,J 06th February, 2008. Tsy [1] 1970(2) MLJ (SC) 39