Abeda Bibi v. The State of Assam and 5 Ors

ORDER Date : 28.08.2023

¶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 being the wife of the deceased is entitled in terms with the notification dated 15.11.2014.

¶2The brief facts of the instant case is that on 05.04.2018, while the husband of the Petitioner namely Rubul Ali @ Rabiul Ali (since deceased) was going towards Boko with a motorcycle bearing Registration No.AS-01-AR-3590 as a pillion rider, the driver of the said vehicle lost his control due to rash and negligent driving and fell down on the road as result of which the husband of Page No.# 3/4 the petitioner sustained grievous injuries and admitted at Community Health Centers (C.H.C), Boko and for better treatment shifted to Critical Care Hospital and Research Institute but the doctor declared him dead. The post mortem of the husband of the Petitioner was conducted at GMCH Guwahati on 06.04.2018. In this connection, a case was registered being Boko P.S. Case No.231/18 under Sections 279/427/304(A) of the Indian Penal Code.

¶3Thereupon, the Petitioner had in terms with the notification dated

15.11.2014, issued by the Respondent No.1, filed a representation 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 petitioner is entitled to in terms with the notification dated 15.11.2014.

¶4Being aggrieved, for non consideration of the request made by the Petitioner, the Petitioner has approached this Court under Article 226 of the Constitution of India.

¶5Mr. R. Borpujari, learned Standing counsel appearing on behalf of the Revenue Department submits that in similar matters this Court had issued directions for making payment after making due verification.

¶6Taking into consideration the specific stand taken by the Petitioner on the basis of the notification dated 15.11.2014 and also the submission of Mr. R. Borpujari, 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 Petitioner's entitlement, if it is found that the Petitioner is entitled, the said Ex-gratia payment of Rs.2,00,000/- may be released to the Petitioner.

¶7It is further directed that the entire exercise be completed within a period of 3 (three) months from the date a certified copy of the instant order is served upon the Commissioner & Secretary, to the Government of Assam, Revenue (Relief and Rehabilitation) Disaster Management Department.

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

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010016272021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/718/2021o ABEDAoBIBIo W/OoLATEoRUBULoALI,oVILL.oBAKARAPARA,oP.O.oANDoP.S.oBOKO,oDIST.o KAMRUPo(R)oASSAM,oPINo781123 VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECY.oTOoTHEoGOVT.oOFo ASSAM,oREVENUEo(RoANDoR)oANDoDISASTERoMANAGEMENToDEPTT.,o DISPUR,oGUWAHATIo781006 2:THEoCOMMISSIONERoANDoSECY.oTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPTT. oDISPUR oGUWAHATIo781006 3:THEoDEPUTYoCOMMISSIONER oKAMRUP oAMINGAON oASSAM oPINo781031 4:THEoSUPERINTENDENToOFoPOLICE oKAMRUP oAMINGAON oASSAM oPINo781031 5:THEoCIRCLEoOFFICER Page No.# 2/4 BOKO REVENUE CIRCLE P.O. AND P.S. BOKO DIST. KAMRUP ASSAM PIN 781123 6:THE OFFICER IN CHARGE BOKO POLICE STATION BOKO KAMRUP ASSAM PIN 78112 Advocate for the Petitioner(s) : Mr. A. Mobaraque, Advocate Advocate for the Respondents(s) : Mr. N. Goswami, Government Advocate : Mr. R. Borpujari, SC, Revenue Department BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH