Lilimai Gohain v. The State of Assam and 5 Ors

O R D E R

04.10.2023 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 being the mother of the deceased is entitled in terms with the notification dated 15.11.2014.

¶2The brief facts of the instant case are that when the son of the petitioner, namely, Barenya Gohain along with his friend were going to Mamorani Gaon from No.1 Purani Motapung Gaon to enjoy Bihu festival through the National Highway No.38, a vehicle bearing No. AS-23/K3772 which was coming from Dibrugarh Moran towards Margherita in a rush and negligent manner knocked down the son of the petitioner and his friend from back side as a result of which both of them sustained injuries to their persons and admitted at Tinsukia Page No.# 3/4 Civil Hospital. In this incident, Barenya Gohain sustained grievous injuries and shifted to Srimanta Sankardev Nursing Home at Dibrugarh but died in the said Nursing Home on 28.04.2016. The post mortem of the deceased person was conducted at AMCH, Dibrugarh on 29.04.2016. In this connection Digboi Police Station registered a case being Digboi P.S. Case No. 72/2016, U/S279/383/ 304(A)/417 IPC.

¶3The learned counsel for the petitioner submitted that the petitioner is entitled to payment of ex-gratia grant as per Clause 3 of the Notification No.RR.33/2014/66 dated 15-11-2014 issued by the Additional Chief Secretary, Revenue and Disaster Management Department, Govt. of Assam. However, it is relevant to take note from the materials available on records, it does not show that the petitioner had approached the concerned Respondent Authorities.

¶4Mr. 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 but as the petitioner had not approached the Respondent Authorities, the question of issuance of similar direction does not arise.

¶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 Mr. R. Borpujari, the learned Standing Counsel, Revenue Department to the effect that in respect to similarly situated persons this Court had passed directions for making Page No.# 4/4 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 liberty to the petitioner to approach the Respondent No.3 by submitting a representation detailing the necessary facts as well as enclosing the necessary documents. In the eventuality such representation is submitted as per the liberty hereby given, the Respondent No.3 shall 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 required proposal be sent to the respondent No.1 along with the necessary documents. The respondent No.1 after carrying out the necessary verification and if found entitled to the said ex-gratia payment of Rs.2,00,000/-, release the same to the petitioner.

¶6It is further directed that the entire exercise be completed within a period of 6 (six) months from the date a certified copy of this order is served upon the respondent No.3 along with the representation as directed and a copy of the Next of Kin Certificate.

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

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010113872021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3826/2021o LILIMAIoGOHAINo W/OoSRIoKIRANoGOHAIN,oVILL.oNO.o1oPURANIoMOTAPUNGoGAON,oP.O.o ANDoP.S.oBAREKURI,oDIST.oTINSUKIA,oASSAM,oPINo786170 VERSUSo THEoSTATEoOFoASSAMoANDo5oORS.o REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECY.oTOoTHEoGOVT.oOFo ASSAM,oREVENUEo(RoANDoR)oANDoDISASTERoMANAGEMENToDEPTT.,o DISPUR,oGUWAHATIo781006 2:THEoCOMMISSIONERoANDoSECY.oTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPTT. oDISPUR oGUWAHATIo781006 3:THEoDEPUTYoCOMMISSIONERo oTINSUKIA oASSAM oPINo786125 4:THEoSUPERINTENDENToOFoPOLICE oTINSUKIA oASSAM oPINo786125 5:THEoCIRCLEoOFFICER oTINSUKIAoREVENUEoCIRCLE Page No.# 2/4 DIST. TINSUKIA ASSAM PIN 786171 6:THE OFFICER IN CHARGE DIGBOI POLICE STATION TINSUKIA ASSAM PIN 78617 For the Petitioner(s) : Mr. A. Bobarakque, Advocate For the Respondent(s) : Mr. B. J. Talukdar, Addl. Sr. Govt. Advocate Mr. R. Borpujari, SC, Revenue Mr. B. Choudhury, SC, Finance BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH