Rukmini Das @ Rukmini Talukdar and Anr v. The State of Assam and 5 Ors

O R D E R

10.01.2024.

¶1This is an application filed under Article 226 of the Constitution of India whereby the Petitioner is aggrieved for non-payment of the ex-gratia relief to which the Petitioner No.1 being the mother and Petitioner No.2 being the elder brother of the deceased are entitled in terms with the notification dated

15.11.2014. Page No.# 3/4

¶2The brief facts of the instant case is that on 25.07.2020 at about 5.50 PM when the son/brother of the Petitioners namely Rinku Das (since deceased) got down from a Night Super Bus at Thekeraguri Centre and proceeding on foot towards a Hotel, at that moment a Swift Dzire vehicle bearing Registration No.AS-01-BR-3878, knocked him from backside at Charling, NH No.15, causing grievous injuries. He was taken to the Boginadi Civil Hospital, where he was declared dead. Thereupon, the Petitioners had in terms with the notification dated 15.11.2014, filed a representation dated 25.04.2023 to the Respondent No.3 praying for ex-gratia payment of an amount of Rs.2,00,000/-. But the Respondent No.3 did not take any action for the payment to which the petitioners are entitled to in terms with the notification dated 15.11.2014.

¶3Being aggrieved, for non consideration of the request made by the Petitioners, the Petitioners have approached this Court under Article 226 of the Constitution of India.

¶4Ms. P.R. Mahanta, learned Standing counsel, Revenue Department appearing on behalf of Respondent No.5 submits that in similar matters this Court had issued directions for making payment after due verification.

¶5Taking into consideration the specific stand taken by the Petitioners on the basis of the notification dated 15.11.2014 and also the submission of Ms. Mahanta, learned Standing counsel, Revenue Department to the effect that in respect to similarly situated persons this Court had passed directions for making payment after making due verification, this court is therefore of the opinion that it would be in the interest of justice that the instant petition be disposed of with a direction to the Respondent No.3 to consider the prayer of the Petitioner as Page No.# 4/4 regards the entitlement in terms with the notification dated 15.11.2014 and after due verification as regards the Petitioners' entitlement if it is found that the Petitioners are entitled, the said ex-gratia payment of Rs.2,00,000/- may be released to the Petitioners.

¶6It is further directed that the entire exercise be completed within a period of 4 (four) months from the date a certified copy of this order is served upon the Commissioner & Secretary, to the Government of Assam, Revenue (Relief & Rehabilitation) and Disaster Management Department.

¶7The Petitioners are further directed to submit the Next of Kin Certificate to the Commissioner & Secretary, to the Government of Assam, Revenue (Relief and Rehabilitation) and Disaster Management Department along with the certified copy of this order.

¶8With above observations and directions, the instant writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010003592024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/88/2024o RUKMINIoDASo@oRUKMINIoTALUKDARoANDoANRo W/O-oLATEoNAKULoDAS,oRESIDENToOFoVILL-oBARAKHATo(BARUWARI),o SONAPUR,oP.O.oANDoP.S.oSONAPUR,oDIST.-oKAMRUPo(METRO),oASSAM,oPIN- 782402 2:oTAPANoDAS oS/O-oLATEoNAKULoDAS oRESIDENToOFoVILL-oBARAKHATo(BARUWARI) oSONAPUR oP.O.oANDoP.S.oSONAPUR oDIST.-oKAMRUPo(METRO) oASSAM oPIN-o78240o VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oREVENUEo(RELIEFoANDoREHABILITATION)o ANDoDISASTERoMANAGEMENToDEPARTMENT,oDISPUR,oGUWAHATI-o 781006 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVERNMENToOFo ASSAM oFINANCEoDEPARTMENT oDISPUR oGUWAHATI-o781006 3:THEoDISTRICToCOMMISSIONERoOFoLAKHIMPURoDISTRICT oASSAM oNORTHoLAKHIMPUR oPIN-o787001 4:THEoDISTRICToCOMMISSIONERoOFoKAMRUPo(METRO)oDISTRICT Page No.# 2/4 AT GUWAHATI HENGRABARI LECHUBAGAN KAMRUP (METRO) ASSAM PIN- 781036 5:THE CIRCLE OFFICER SONAPUR REVENUE CIRCLE P.O. AND P.S. SONAPUR DIST.- KAMRUP (METRO) ASSAM PIN- 782402 6:THE OFFICER-IN-CHARGE BOGINADI POLICE STATION P.O. BOGINADI DIST- LAKHIMPUR ASSAM PIN- 78703 Advocate for the Petitioner : MR. R Deka Advocate for the Respondent : GA, ASSAM BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH