Hasnara Khatun and 4 Ors v. The State of Assam and 4 Ors

ORDER Date : 18.10.2023

¶1This is an application filed under Article 226 of the Constitution of India whereby the Petitioners being aggrieved for non-payment of the ex-gratia relief to which the Petitioners being the family members of the deceased is entitled in terms with the notification dated 15.11.2014.

¶2The brief facts of the instant case is that on 04.06.2019 at about 9:00 PM - 10:00 PM when the deceased Late Safikul Islam was walking through a public road which was crossed over a railway track at Bamunimaidam area, Guwahati, a train came on the track and dashed against the deceased. The said deceased person i.e. Late Safikul Islam died on the spot by sustaining grievous injuries. The post-mortem examination of the deceased was conducted at Gauhati Medical College & Hospital on 05.06.2019. In connection with the said accident, the concerned Guwahati G.R.P.S. registered a case bearing U.D. Case No.50/2019 dated 06.06.2018. Thereupon, the Petitioners had in terms with the notification dated 15.11.2014 issued by the Respondent No.1 approached before the Office of the Deputy Commissioner, Kamrup (M) i.e. the Respondent No.2 praying for ex-gratia payment of an amount of Rs.2,00,000/-. But the said Respondent No.2 did not take any action for the payment for which the Petitioners had approached this Court under Article 226 of the Constitution of India.

¶3Mrs. P. R. Mahanta, learned Standing counsel appearing on behalf of the Respondent No.1 submits that in similar matters this Court had issued directions for making payment after making due verification. Page No.# 4/4

¶4Taking into consideration the specific stand taken by the Petitioners on the basis of the notification dated 15.11.2014 and also the submission of Mrs. P. R. 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.1 to consider the prayer of the Petitioners as 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.

¶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 Petitioners are further directed to furnish the Next of Kin Certificates to the Commissioner & Secretary, 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 GAHC010034732021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1260/2021o HASNARAoKHATUNoANDo4oORSo W/O-oLT.oSAFIKULoISLAM,oR/O-oVILL-oNO.o2oUDALGURIoJANGHAL,oP.O.oAND P.S.oURANG,oDIST.-oUDALGURI,oASSAM,oPIN-o784509 2:oMD.oMAFIJUDDINo@oMOBIZUDDINo@oABDULoMAFIJ oS/O-oLT.oABDULoKARIM oR/O-oVILL-oNO.o2oUDALGURIoJANGHAL oP.O.oANDoP.S.oURANG oDIST.-oUDALGURI oASSAM oPIN-o784509 3:oREJIAoBEGAM oW/O-oMD.oMAFIJUDDINo@oMOBIZUDDINo@oABDULoMAFIJ oR/O-oVILL-oNO.o2oUDALGURIoJANGHAL oP.O.oANDoP.S.oURANG oDIST.-oUDALGURI oASSAM oPIN-o784509 4:oMD.oHASIRULoISLAM oS/O-oLT.oSAFIKULoISLAM oR/O-oVILL-oNO.o2oUDALGURIoJANGHAL oP.O.oANDoP.S.oURANG oDIST.-oUDALGURI oASSAM oPIN-o784509 oBEINGoMINORoREP.oBYoHISoMOTHERoI.E.oPETITIONERoNO.o1oASoNATURALo GUARDIAN 5:oMD.oABULoHASIB oS/O-oLT.oSAFIKULoISLAM oR/O-oVILL-oNO.o2oUDALGURIoJANGHAL oP.O.oANDoP.S.oURANG Page No.# 2/4 DIST.- UDALGURI ASSAM PIN- 784509 BEING MINOR REP. BY HIS MOTHER I.E. PETITIONER NO. 1 AS NATURAL GUARDIA VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPTT., (RELIEF AND REHABILITATION), DISPUR, GHY-06 2:THE DY. COMMISSIONER OF KAMRUP (M) ASSAM P.O. AND P.S. PANBAZAR PIN- 781001 3:THE DY. COMMISSIONER OF UDALGURI ASSAM PIN- 784509 4:THE CIRCLE OFFICER DISPUR REVENUE CIRCLE P.O.- BELTOLA P.S. BASISTHA DIST.- KAMRUP (M) ASSAM PIN- 781028 5:THE OFFICER-IN-CHARGE GUWAHATI G.R.P.S. DIST.- KAMRUP (M) ASSAM PIN- 781001 6:THE UNION OF INDIA REP. BY THE GENERAL MANAGER N.F. RAILWAY MALIGAON GHY- 11 For the Petitioner(s) : Mr. S. I. Akand, Advocate For the Respondent(s) : Mrs. P. R. Mahanta, SC, Revenue Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH