Babi Devi v. The State of Assam and 5 Ors

ORDER Date : 14.08.2023

¶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 25.07.2020 at about 5.50 PM when the husband of the Petitioner namely Dilip Das (since deceased) was returning home from Mission Charali, an Oil Tanker bearing Registration No.AS-01-HC-2711 hit the husband of the Petitioner from backside over NH 37(A). As a result of which, the husband of the Petitioner got serious injuries and was admitted to Kanaklata Civil Hospital, Tezpur and then shifted to Tezpur Times Hospital for better treatment but unfortunately after almost 6 (six) months the husband of the Petitioner died during the course of his treatment on

05.12.2020. Thereupon, the Petitioner had in terms with the notification dated

15.11.2014, issued by the Respondent No.2, filed a representation dated Page No.# 3/4

01.03.2021 to the Respondent No.4 praying for ex-gratia payment of an amount of Rs.2,00,000/-. But the Respondent No.4 did not take any action for the payment to which the petitioner is entitled to in terms with the notification dated 15.11.2014.

¶3Being 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.

¶4Ms. M. Barman, learned Standing counsel, Revenue Department appearing on behalf of Respondent No.2 submits that in similar matters this Court had issued directions for making payment after making due verification.

¶5Taking into consideration the specific stand taken by the Petitioner on the basis of the notification dated 15.11.2014 and also the submission of Ms. M. Barman, 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.2 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 found that the Petitioner is entitled, the said ex-gratia payment of Rs.2,00,000/- may be released to the Petitioner.

¶6It 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. Page No.# 4/4

¶7The 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.

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

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010111632021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3790/2021o BABIoDEVIo W/OoLATEoDILIPoDAS,oR/OoAHIYAPUR,oGUWAHATI,oDIST.oKAMRUPo(M),o ASSAM VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCHIEFoSECY.oTOoTHEoGOVT.oOFoASSAM,oDISPUR,o GHYo06 2:THEoCOMMISSIONERoANDoSECY.oTOoTHEoGOVT.oOFoASSAM oREVENUEo(RELIEFoANDoREHABILITATION)oANDoDISASTERo MANAGEMENToDEPTT. oDISPUR oGHYo06 3:THEoCOMMISSIONERoANDoSECY.oTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPTT. oDISPUR oGHYo06 4:THEoDEPUTYoCOMMISSIONER oKAMRUPo(M) oPINo781001 5:THEoCIRCLEoOFFICER oBELTOLAoCIRCLE oPINo781028 Page No.# 2/4 6:THE OFFICER IN CHARGE OF TEZPUR POLICE STATION SONITPUR PIN 784001 ASSAM For the Petitioner(s) : Mr. R. Dutta, Advocate For the Respondent(s) : Ms. M. Barman, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH