Rina Basumatary v. The State of Assam and 3 Ors

O R D E R

28.08.2023 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 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 22.04.2018 at about 8:30 AM, when the husband of the Petitioner, namely, Jagadish Basumatary @ Jagadish Chandra Basumatary (since deceased) was on his way to Ramfall Beel Market by riding his brother's motorcycle bearing Registration No.AS-01W-2767, a Pulsar motorcycle came from the opposite direction and knocked down the motorcycle of the husband of the Petitioner at Jamfal Dingla Bridge on PWD Road. As a result of which the husband of the Petitioner sustained grievous injuries and died on the same day at Lower Page No.# 3/4 Assam Hospital & Research Centre during treatment. Thereupon, the Petitioner, in terms with the notification dated 15.11.2014, issued by the Respondent No.1, filed a representation dated 17.06.2021 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 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. S. Baruah, the learned counsel appearing on behalf of the Deputy Commissioner, Kokrajhar submits that the amount of Rs.2,00,000/- has already been sanctioned in favour of the petitioner vide the order dated

15.11.2021.

¶5The learned counsel for the petitioner as well as the learned counsels for the respondents submits that they have no instructions as to whether thereupon the payment has been disbursed to the petitioner. Be that as it may, this Court directs the Deputy Commissioner, Kokrajhar to verify whether the amount had been disbursed to the petitioner. Upon verification if it is found that the amount is not yet disbursed, this Court directs the Deputy Commissioner Kokrajhar to disburse the said amount of Rs.2,00,000/- to the petitioner within 15 (fifteen) days from the date a certified copy of the instant order along with bank details are submitted before the respondent No.2.

¶6The order dated 15.11.2021 is kept on record and marked with the letter "X". Page No.# 4/4

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

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010122712021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4062/2021o RINAoBASUMATARYo W/OoLATEoJAGADISHoBASUMATARYo@oJAGADISHoCHANDRAo BASUMATARY,oVILL-THURIBARIo(PADMABILL),oP.O.-AFLAGAON,oP.S.- SERFANGURI,oDIST-KOKRAJHAR,oBTR,oASSAM,oPIN-783346 VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oREVENUEo(RoR)oANDoD.MoDEPARTMENT,oDISPUR,oGUWAHATI- 2:THEoDEPUTYoCOMMISSIONER oKOKRAJHAR oASSAM oP.O.oANDoP.S.-KOKRAJHAR oDIST-KOKRAJHAR oBTR oASSAM oPIN-783370 3:THEoCIRCLEoOFFICERoDOTMAoREVENUEoCIRCLE oP.O.-DOTMA oP.S.-DOTMA oDIST-KOKRAJHAR oBTR oASSAM oPIN-783347 4:THEoSUPERINTENDENToOFoPOLICE oKOKRAJHAR oASSAM Page No.# 2/4 PIN-783370 5:THE OFFICER-IN-CHARGE SERFANGURI POLICE STATION DIST-KOKRAJHAR BTR ASSAM PIN-78334 For the petitioner (s) : Mr. M. Hussain, Advocate Mr. A. K. Mollah, Advocate For the respondent (s) : Mr. R. Borpujari, SC, Revenue Ms. S. Baruah, Govt. Advocate BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH