IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7157 of 2010 1. Aziz Bandi Begum W/O Late S. Waqar Ahmad R/O Jafar House, Mohalla Afzalpur, P.S. Peer Bahore, Distt.- Patna- 800 006 2. Syed Neaz Hasan Kazimi S/O Late Syed Reyazul Hasan Kazimi R/O Waqf House, Gulzarbagh, P.S. Alamganj, Patna- 800 007 Versus 1. The Secretary, Land Revenue Department, Patna 2. The Additional Collector, Gaya 3. The Block Development Officer, Kako, Distt.- Jehanabad 4. The Block Development Officer Dumaria, Distt.- Gaya 5. The Block Development Officer, Imamganj, Gaya 6. The Manager, Reserve Bank Of India Public Debt Office, Patna -------------------------- 02/ 26.09.2011 Heard Mr. Syed Firoz Raza, learned counsel appearing on behalf of the petitioner and Mr. Sanjeev Kumar, Assisting counsel to S.C. 19 for the State. The writ petition has been filed by the daughter and son of Ex-Zamindar claming to be his legal heirs and thus entitled for payment of the Zamindari Bond amount together with interest thereon in terms of a provision of Sections 32 and 33 of the Bihar Land Reforms Act, 1950 (hereinafter referred to as the ‘Act’). The facts are not in dispute. The Zamindari in question situated under Dumaria, Imamganj and Kako Anchal under the Gaya district belonged to one late Syed Khurshid Hassan. Late Syed Khurshid Hassan was survived by two sons, namely, Syed Aley Hassan Ezaz and Syed Reyazul Hassan Kazimi. Whereas the petitioner no. 1 is the daughter of Syed Reyazul Hasan Kazimi, the petitioner no. 2 is son of Syed Aley Hassan Ezaz. Upon the abolition of Zamindari system and vesting of the estates, a proceeding was 2 initiated insofar as the petitioners are concerned, giving rise to Compensation Case No. 10980/1954-55 for determination of compensation. The said compensation case was finalized in the year 1972-73 and a sum of Rs. 16,900 and odd as per the calculation made by the respondents was determined. In the meanwhile, the father of the petitioner no. 1 expired in 1982 and the father of petitioner no. 2 deceased in 1971. The amount of Zamindari Bonds not coming to the petitioners claiming to be the legal heirs, the writ petition came to be filed. A counter affidavit has been filed on behalf of the respondents and in paragraph-6 thereof it has been stated that the total compensation amount payable to the two brothers i.e. the father of the two petitioners herein were determined to the tune of Rs. 8462.39 in equal proportion. It was contended that as the claimants are required to disclose their details as being legal heirs/representatives of the deceased, namely, Syed Reyazul Hasan Kazimi and Syed Aley Hassan Ezaz respectively, the payments could not be handed over to them. In paragraph-8 of the counter affidavit, it is stated that ad-interim interest in terms of Section 33 of the Act has been calculated in the estate of jointness and the total amount from the date of vesting i.e. from 26.1.1955 to 31.3.1973 has been calculated as Rs. 23,583.76. It is next stated that the petitioners would also be entitled to interest @ 2.5 per cent payable from 1.4.1973 up to 31.3.2013 upon receipt of 100 per cent of final compensation bond in terms of Section 32 of the Act. It is 3 stated that the proceedings are pending for want of affidavit/proof of the petitioners being legal heirs of the Ex-Zamindars. In view of the fair stand taken by the respondents accepting their obligation of making payment of the amount of the bond as well as on account of interest as admissible under the act, the writ petition is disposed of with directions to the respondent no. 2, the Additional Collector, Gaya, to ensure the payment of the compensation amount against the Zamindari bond together with interest in the light of the documents placed at Annexure-A series of the counter affidavit filed on behalf of the Circle Officer- Dumaria, Gaya. Needless to add that the said amount should be paid to the petitioners expeditiously and preferably within a period of three months from the date of receipt/production of a copy of this order and completion of formalities by the petitioners of presentation of required documents in support of their identity of being the legal heirs of the deceased Zamindars. S.Sb/- (Jyoti Saran, J.)