Sangita Teronpi v. The State of Assam and 3 Ors

ORDER

27.06.2024 Heard Mr. K.D. Sarma, learned counsel for the petitioner. Also heard Ms. G. Hazarika, learned Standing Counsel, Revenue. The petitioner is before this Court seeking a direction to the respondent authorities to disburse the ex-gratia grant of Rs. 2,00,000/- in terms of the Notification dated 15.11.2014 of the Revenue (Relief & Rehabilitation Branch) & Disaster Management Department, on the ground of death of husband who expired by a road accident in public place.

¶3Pursuant to the said unfortunate incident the petitioner being wife had approached the District Commissioner, Karbi Anglong, Diphu by filing representation dated 14.12.2023 claiming for ex-gratia compensation. The petitioner claims that as per the Notification issued by the Government from time to time, the petitioner is entitled to be granted an ex-gratia relief as her husband succumbed to the injuries sustained on a road accident.

¶4Since a representation is stated to have been filed by the petitioners before the District Commissioner, Karbi Anglong, Diphu, this Court is of the view that the writ petition can be disposed of at the motion stage without issuing any notice directing the District Commissioner, Karbi Anglong, Diphu to make necessary enquiries into the matter and call for all required reports from the various quarters as may be necessary and upon such an enquiry, if it is found that the petitioner is entitled to be paid an ex-gratia compensation in terms of the scheme formulated by the Government, as it existed at the time when the Page No.# 3/3 petitioner's husband met with the accident and succumbed to the injuries sustained, the District Commissioner, Karbi Anglong, Diphu will put up a necessary proposal to be forwarded to the Office of the Commissioner and Secretary, Government of Assam, Revenue (Relief and Rehabilitation) and Disaster Management Department. The Commissioner and Secretary, Government of Assam, Revenue (Relief and Rehabilitation) and Disaster Management Department will thereafter, consider the said proposal put up by the District Commissioner, Karbi Anglong, Diphu and pass necessary orders for release of the ex-gratia amount, if found to be payable to the petitioner, as claimed.

¶5The District Commissioner, Karbi Anglong, Diphu will cause the enquiry to be undertaken and if found to be correct, a proposal be forwarded to the Office of the Commissioner and Secretary, Government of Assam, Revenue (Relief and Rehabilitation) and Disaster Management Department within a period of 60 (sixty) days from the date of receipt of a certified copy of this order. If such a proposal is forwarded to the Commissioner and Secretary, Government of Assam, Revenue (Relief and Rehabilitation) and Disaster Management Department then the same shall be considered and necessary orders as deemed proper be passed by the Commissioner and Secretary, Government of Assam, Revenue (Relief and Rehabilitation) and Disaster Management Department within a further period of 30 (thirty) days there from.

¶6With the above observation, this writ petition, stands disposed of and closed.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010124202024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3276/2024 SANGITA TERONPI W/O- LATE SUMIT BAGLARY, R/O- VILL.- PAN KUMAR BORO GAON, P.O. BALI GAON, P.S. HOWRAGHAT, KARBI ANGLONG, ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY, REVENUE AND DISASTER DEPARTMENT, GOVT. OF ASSAM, DISPUR, GUWAHATI-781006. 2:THE DISTRICT COMMISSIONER KARBI ANGLONG DIPHU ASSAM 3:THE SUPERINTENDENT OF POLICE KARBI ANGLONG DIPHU. 4:THE OFFICER-IN-CHARGE HOWRAGHAT POLICE STATION KARBI ANGLONG DIPHU ASSA Advocate for the Petitioner : MR H TALUKDAR Advocate for the Respondent : GA, ASSAM Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA