Labhi Begum @ Lavi Bagum v. The State of Assam and 5 Ors

ORDER

22.05.2024 Heard Mr. S.I. Akand, learned counsel for the petitioner. Also heard Ms. S. Baruah, learned Government Advocate, Assam, Ms. P.R. Mahanta, learned Standing Counsel, Revenue & Disaster Management Department and Ms. A. Borthakur, learned counsel appearing on behalf of Mr. P. Nayak, learned Standing Counsel, Finance Department. 2] The petitioner is before this Court praying for grant of compensation for the death of her son who after falling off from a running train, sustained Page No.# 3/5 grievous injuries and thereafter, because of the injuries sustained he expired. The incident took place on 08.01.2019 at Chaparmukh Railway Station, Nagaon. The claim of the writ petitioner is for compensation issued under the notification dated 15.11.2014. Learned counsel for the petitioner submits that as per the serial no.3 in the notification dated 15.11.2014, the petitioner is entitled for grant of compensation of Rs. 3,00,000/- (Rupees three lakhs only). It is also submitted that the representation dated 30.10.2023 is filed before the Deputy Commissioner, Nagaon for grant of ex gratia relief to the petitioner. The said representation is stated to have been supported by the Ejahar, Final Report, Post Mortem Report, Death Certificate and Next of Kin Certificate. Learned counsel for the petitioner submits that inspite of representation having been filed, no order has been passed and the representation is stated to be pending till date. 3] Ms. S. Baruah, learned Government Advocate, Assam, submits that the claim of the petitioner is to be examined and verified by the Deputy Commissioner, Nagaon, while calling for proper report and if it is found to be correct then the proposal to be forwarded to the Commissioner and Secretary to the Government of Assam, Department of Revenue and Disaster Management Department and thereafter, the appropriate order shall be passed by the concerned Authority for grant of compensation if they deem it fit and proper. Page No.# 4/5 4] By taking into consideration of the submissions advanced by the learned counsel for the parties, this Court is of the view that the writ petition can be disposed of at this stage by directing the Deputy Commissioner, Nagaon to dispose of the representation dated 30.10.2023 as it is stated that the representation dated 30.10.2023 is still pending before the Deputy Commissioner, Nagaon. Accordingly, the writ petition is disposed of directing the Deputy Commissioner, Nagaon to examine the claims of the writ petitioner by calling for detailed report and thereafter, if the claim of the writ petitioner is found to be genuine, a proposal be prepared and sent to the Office of the Commissioner and Secretary to the Government of Assam, Department of Revenue and Disaster Management Department for grant of compensation under the notification dated 15.11.2014. This exercise be completed by the Deputy Commissioner, Nagaon within a period of 60 (sixty) days from the date of receipt of a certified copy of this order. In the event the proposal for compensation is sent to the Office of the respondent no.1, namely, the Commissioner and Secretary to the Government of Assam, Department of Revenue and Disaster Management Department, the said Department will consider the proposal as per law and pass appropriate order within a further period of 60 (sixty) days there from. 5] The petitioner will furnish a certified copy of this order along with the copy Page No.# 5/5 of the writ petition to the Deputy Commissioner, Nagaon for necessary order.

6] The writ petition stands disposed of in terms of the above observations and directions. JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010097532024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2650/2024o LABHIoBEGUMo@oLAVIoBAGUMo W/O-oSHAMSoUDDINo@oSAMSoUDDIN,o R/O-oVILL-oJATKAPAN,o P.O.-oLALARCHAK,o P.S.oANDoDIST.-oKARIMGANJ,oASSAM,o PIN-o788713. VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,o REVENUEoANDoDISASTERoMANAGEMENToDEPARTMENT,o (RELIEFoANDoREHABILITATION),o DISPUR,oGUWAHATI-o781006. 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVERNMENToOFo ASSAM oFINANCEoDEPARTMENT oDISPUR oGUWAHATI-06. 3:THEoDISTRICToCOMMISSIONERoOFoNAGAONoDISTRICT oASSAM oP.O.oANDoP.S.-oNAGAON oASSAM oPIN-o782002. 4:THEoDISTRICToCOMMISSIONERoOFoKARIMGANJoDISTRICT oASSAM oP.O.oANDoP.S.-oKARIMGANJ o Page No.# 2/5 PIN- 788710. 5:THE CIRCLE OFFICER KARIMGANJ REVENUE CIRCLE P.O. AND P.S.- KARIMGANJ DIST- KARIMGANJ ASSAM PIN- 788710. 6:THE OFFICER-IN-CHARGE CHAPARMUKH G.R.P.S. P.O.- CHAPARMUKH DIST.- NAGAON ASSAM PIN- 782425 Advocate for the Petitioner : MR. R Deka Advocate for the Respondent : SC, REVENUE BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA