Dali Gogoi v. The State of Assam and 4 Ors

O R D E R

15.09.2023 This 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 wife as well as the petitioner Nos. 2 and 3 being the sons of the deceased are entitled in terms with the notification dated 15.11.2014.

¶2The brief facts of the instant case is that on 31.05.2017 at about 2:50 PM, there was a collusion between a motor cycle and a scooty at Khagori Gaon near Shiva Mandir under the Silonibari Outpost in the District of Lakhimpur, Assam in which the husband of the petitioner sustained grievous injury and immediately he was admitted to the North Lakhimpur Civil Hospital but he died on the same day. In this regard, the in-Charge, Silonibari Outpost issued a police report vide Silonibari O.P. Page No.# 3/4 GDE No.06 dated 03.06.2022. The petitioner vide the application dated

10.06.2022 addressed to the Respondent No.1 made a request to grant Ex-Gratia relief to the Next-of-Kin of the deceased as per government Notification dated 15-11-2014, issued by Government of Assam, Revenue (Relief & Rehabilitation Branch) and Disaster Management Department, Dispur, Guwahati-06. However, in spite of receipt of the said representation, the respondent No.1 till date, has not taken any action to release the relief and the Petitioner by filing this petition under Article 226 of the Constitution of India seeks a direction to the Respondents to release the amount of Rs. 2,00,000/(Two Lakhs only) as Ex-Gratia relief to the Next-of-Kin of the deceased.

¶3Mr. R. Borpujari, the learned Standing counsel, Revenue Department appearing on behalf of Respondent No.1 submits that in similar matters this Court had issued directions for making payment after making due verification.

¶4Taking 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, the learned counsel appearing on behalf of the 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.1 to consider the prayer of the petitioner as 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 Page No.# 4/4 found that the petitioner is entitled, the said ex-gratia payment of Rs.2,00,000/- may be released to the petitioner.

¶5It is further directed that the entire exercise be completed within a period of 3 (three) months from the date a certified copy of this order is served upon the Commissioner & Secretary, to the Government of Assam, Revenue (Relief and Rehabilitation) Disaster Management Department.

¶6The petitioner is further directed to submit the Next of Kin Certificate to the Commissioner & Secretary, to the Government of Assam, Revenue (Relief and Rehabilitation) Disaster Management Department along with the certified copy of this order.

¶7With above observations and directions, the instant writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010025462023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1299/2023o DALIoGOGOIo W/O-oLT.oDIGANTAoGOGOI,o VILL.oKHAGORIoGAON,oP.O.-oPAHUMARA,o P.S.-oNORTHoLAKHIMPUR,o DIST.oLAKHIMPUR,oASSAM,o PIN-o781309. VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,o REVENUEo(oRoANDoR)oANDoDISASTERoMANAGEMENToDEPARTMENT,o DISPUR,oGUWAHATI-6. 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPARTMENT oASSAM oDISPUR oGHY-6. 3:THEoDEPUTYoCOMMISSIONER oLAKHIMPUR oNORTH-oLAKHIMPUR oASSAM o PIN-o787001. 4:THEoSUPERINTENDENToOFoPOLICE oLAKHIMPUR oNORTHoLAKHIMPUR oASSAM Page No.# 2/4 PIN- 787001. 5:THE CIRCLE OFFICER NAOBAICHA REVENUE CIRCLE P.S.- NORTH LAKHIMPUR DIST.- LAKHIMPUR ASSAM PIN- 787023 For the Petitioner(s) : Mr. W. Rahman, Advocate For the Respondent(s) : Mr. R. Borpujari, SC, Revenue BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH