Kanika Barua and 5 Ors v. The State of Assam and 4 Ors

ORDER Date : 17.07.2023

¶1This is an application under Article 226 of the Constitution of India whereby the Petitioners being aggrieved for non-payment of the ex-gratia relief to which the Petitioners being family members of the deceased are entitled in terms with the notification dated 15.11.2014.

¶2The brief facts of the instant case is that on 30.11.2013, the husband of the Petitioner No.1 namely Late Bhabesh Baruah (since deceased) while waiting for a public passenger vehicle while standing on the roadside at Jalukbari, near Lachit Park, was hit by a TATA Spacio vehicle bearing Registration No. AS-01Q-7807 in a rash and negligent manner. The husband of the Petitioner No.1 as a result of which sustained grievous injuries. Thereupon, he was taken to Assam Ayurvedic Medical College & Hospital at Jalukbari for treatment. Unfortunately, he expired on 01.09.2014 during the course of treatment. Thereupon the Petitioner No.1 in terms with the notification dated 15.11.2014 issued by the Respondent No.1 submitted two representations dated 03.12.2014 and

13.07.2021 to the Respondent No.2 praying for ex-gratia payment of an amount of Rs.2,00,000/- but the Respondent No.2 did not take any action for the payment.

¶3Being aggrieved, for non consideration of the request made by the Petitioners, the Petitioners have approached this Court under Article 226 of the Constitution of India. Page No.# 4/4

¶4Mr. S. Dutta, 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.

¶5Taking into consideration the specific stand taken by the Petitioners on the basis of the notification dated 15.11.2014 and also the submission of Mr. S. Dutta, the 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 therefore disposes of the present writ petition with a direction to the Respondent No.1 to consider the prayer of the Petitioners as regards the entitlement in terms with the notification dated 15.11.2014 and after due verification as regards the Petitioners' entitlement if it is found that the Petitioners are entitled, the said ex-gratia payment of Rs.2,00,000/- may be released to the Petitioners.

¶6It is further directed that the entire exercise be completed within a period of 2 (two) 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) and Disaster Management Department.

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

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010122382022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4327/2022o KANIKAoBARUAoANDo5oORSo W/O.oLT.oBHABESHoBARUAH, 2:oSMT.oUPANIKAoDEKA oD/O.oLT.oBHABESHoBARUAH 3:oSMT.oJINKIoBARUAH oD/O.oLT.oBHABESHoBARUAH 4:oSMT.oBHUPALIoBARUAH oD/O.oLT.oBHABESHoBARUAH 5:oSMT.oDIMPIoBARUAH oD/O.oLT.oBHABESHoBARUAH 6:oRAJUoBARUAHo@oRAJUoBARUJA oW/O.oLT.oPABITRAoBARUAH oALLoAREoTHEoRESIDENTSoOFoVILL.oANDoP.O.oBIHDIA oP.S.oBAIHATAoCHARIALI oDIST.oKAMRUPo(R) oASSAM oPIN-781141o VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oREVENUEo (RELIEFoANDoREHABILITATION)oANDoDISASTERoMANAGEMENToDEPTT.,o Page No.# 2/4 DISPUR, GUWAHATI-781006. 2:THE DEPUTY COMMISSIONER KAMRUP (M) AT GUWAHATI ASSAM P.O. AND P.S. PANBAZAR 781001. 3:THE DEPUTY COMMISSIONER KAMRUP (R) AT AMINGAON ASSAM P.O. AMINGAON P.S. NORTH GUWAHATI PIN-781031. 4:THE CIRCLE OFFICER KAMALPUR REVENUE CIRCLE P.O. DHUHI P.S. KAMALPUR DIST. KAMRUP (R) ASSAM PIN-781350. 5:THE OFFICER IN CHARGE JALUKBARI POLICE STATION P.O. GAUHATI UNIVERSITY GUWAHATI DIST. KAMRUP (M) ASSAM PIN-781014 For the Petitioner(s) : Mr. S. I. Akand, Advocate For the Respondent(s) : Mr. S. Dutta, Advocate : Ms. N. Bordoloi, Advocate Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH