Kusum Kalita v. The State of Assam and 5 Ors

ORDER

23.08.2023 Heard Mr. W. Rahman, learned counsel appearing for the writ petitioner. Also heard Ms. G. Hazarika, learned Standing Counsel, Revenue Department, Assam appearing for the respondent No.1 and Mr. H. Sarma, learned Addl. Senior Govt. Advocate, Assam appearing for the respondent Nos.3 to 6. Mr. P. Nayak, learned Standing Counsel, Finance Department, Assam is present for the respondent No.2. The husband of the petitioner, viz., Late Akan Kalita had sustained grievous injuries in a road accident which took place on the Dhoparguri main road under the Hajo Police Station in the district of Kamrup(Rural) on 04.10.2021. Akan Page No.# 3/4 Kalita succumbed to his injuries on 05.10.2021 while receiving treatment in the hospital. An ejahar was lodged, based on which, Hajo P.S. Case No.1990/2021 was registered under Sections 279/304(A) of the IPC. Since the petitioner's husband had died in a road accident which took place in a public place, as per the Government notification dated 15.11.2014 the petitioner, being the wife, was entitled to ex-gratia relief of an amount of Rs.2 lakhs. Accordingly, the petitioner had submitted an application dated 17.11.2022 seeking payment of ex-gratia compensation. However, since no action has been taken on the said application, the petitioner has approached this Court by filing the instant writ petition. Ms. Hazarika, learned Standing Counsel, Revenue Department, Assam submits that police report is not yet available in this case. Mr. Sarma, learned Addl. Sr. Govt. Advocate, Assam submits that instructions are still awaited but he would have no objection if the writ petition is disposed of with a direction upon the jurisdictional Deputy Commissioner to verify the claim of the petitioner and process the same in accordance with law if the same is found to be admissible. The petitioner's counsel has also agreed to such an order. In view of the above, instead of keeping this writ petition pending any further, this Court is also of the opinion that the matter calls for expeditious disposal. As such, this writ petition is being disposed of with a direction upon the respondent No.2 i.e. the Deputy Commissioner, Kamrup(R) to examine the claim of the petitioner and if the same is found to be genuine, necessary steps, as may be warranted under the law, be initiated without any further delay for disbursement of ex-gratia relief to the petitioner. The other official respondents to cooperate in the process initiated for implementation of the court's order. Page No.# 4/4 The aforesaid exercise be carried out and completed, as expeditiously as possible, preferably within a period of three months from the date of receipt of a certified copy of this order. With the above observation, this writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010059382023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1542/2023o KUSUMoKALITAo W/O-oLATEoAKANoKALITA,o VILL.oDHOPARGURI,oNIZoHAJO,o P.O.oANDoP.S.-oHAJO,o DIST-oKAMRUP(R),oASSAM,o PIN-o781102. VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,o REVENUEo(RELIEFoANDoREHABILITATIONo)oANDoDISASTERo MANAGEMENToDEPARTMENT,o DISPUR,oGHY-6. 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPARTMENT oASSAM oDISPUR oGHY-6. 3:THEoDEPUTYoCOMMISSIONER oKAMRUP(R) oAMINGAON oASSAM oPIN-o781031. 4:THEoSUPERINTENDENToOFoPOLICE oKAMRUP(R) oAMINGAON oASSAM Page No.# 2/4 PIN- 781031. 5:THE CIRCLE OFFICER HAJO REVENUE CIRCLE P.O. AND P.S.- HAJO DIST. KAMRUP(R) ASSAM PIN- 781102. 6:THE OFFICER-IN-CHARGE HAJO POLICE STATION P.O. AND P.S.- HAJO DIST. KAMRUP(R) ASSAM PIN- 781102 Advocate for the Petitioner : MR. W RAHMAN Advocate for the Respondent : SC, REVENUE BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM