Renuka Roy v. The State of Assam and 6 Ors

ORDER Date : 19.06.2024

Heard Mr. M. Hussain, learned counsel for the petitioner. Also heard Mr. N. Goswami, learned Government Advocate.

¶2The petitioner is before this Court praying for grant of compensation for the death of her husband who expired on 21.03.2021 due to the injury sustained by the her husband in a motor vehicular accident occurred on 21.03.2021 in between Bilasipara and Mahishbathan on PWD road under Sapatgram Police Page No.# 3/4 Station. 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. 2,00,000/- (Rupees two lakhs only). It is also submitted that the representation dated 27.03.2024 is filed before the respondent no.3, namely, the District Commissioner, Dhubri, Assam for grant of ex gratia relief to the petitioner. 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.

¶3Mr. N. Goswami, learned Government Advocate, Assam, submits that the claim of the petitioner is to be examined and verified by the respondent no.3, namely, the Deputy Commissioner, Dhubri, Assam, while calling for proper report and if it is found 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.

¶4By 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, Dhubri, Assam to dispose of the representation dated 27.03.2024 as it is stated that the representation dated 27.03.2024 is still pending before the Deputy Commissioner, Dhubri, Assam. Accordingly, the writ petition is disposed of directing the Deputy Commissioner, Dhubri, Assam 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 Page No.# 4/4 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, Dhubri, Assam 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.

¶5The petitioner will furnish a certified copy of this order along with the copy of the writ petition to the Deputy Commissioner, Dhubri, Assam for necessary order.

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

PageoNo.#o1/4 GAHC010121222024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3115/2024o RENUKAoROYo W/O-oLT.oNILKAMALoROY,oVILL-oMAHISHoBATHAN,oP.O.oPRATAPoKHATA,o P.S.oFAKIRAGRAM,oDIST.-oKOKRAJHAR,oBTR,oASSAM,oPIN-o783337 VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oREVENUEo(RELIEFoANDoREHABILITATION)oANDoDISASTERo MANAGEMENToDEPARTMENT,oDISPUR,oGUWAHATI-06 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPARTMENT oDISPUR oGUWAHATI-06 3:THEoDISTRICToCOMMISSIONER oDHUBRI oASSAM oP.O.oANDoP.S.oDHUBRI oDIST.-oDHUBRI oASSAM oPIN-o783301 4:THEoDISTRICToCOMMISSIONER oKOKRAJHAR oBTR oASSAM oP.O.oANDoP.S.oKOKRAJHAR oDIST.-oKOKRAJHAR oBTR oASSAM Page No.# 2/4 PIN- 783370 5:THE CIRCLE OFFICER DOTMA REVENUE CIRCLE P.O. AND P.S. DOTMA DIST.- KOKRAJHAR ASSAM PIN- 783347 6:THE SUPERINTENDENT OF POLICE DHUBRI ASSAM P.O. AND P.S.- DHUBRI DIST.- DHUBRI ASSAM PIN- 783301 7:THE OFFICER-IN-CHARGE SAPATGRAM POLICE STATION P.O. AND P.S. SAPATGRAM DIST.- DHUBRI ASSAM PIN- 78333 Advocate for the Petitioner : MR. M HUSSAIN Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA