Bina Roy and 2 Ors v. The State of Assam and 5 Ors

O R D E R

13.09.2023 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 No.1 being the wife as well as the petitioner Nos. 2 and 3 being the sons of the deceased are entitled in terms with the notification dated 15.11.2014.

¶2The brief facts of the instant case is that on 17.01.2019 at about 9.30 AM, the husband/father of the petitioners, namely, Swaraj Roy @ Swaraj Chanrda Ray was proceeding from his residence towards Patacharkuchi by riding a bicycle through 31 No. N.H. and when he reached nearby Kaldiya River Bridge, at that time an offending ALTO LXI Car bearing Regd. No. AS-01-AN-6372, which was driven by its driver in a rash and negligent manner, hit him from behind, as a result of which he sustained grievous injuries in person. Immediately he was taken to the nearest SMRSDCH, Pathsala, but due to more serious injuries the doctors referred him to G.M.C. & Page No.# 4/5 Hospital for better treatment. Unfortunately, on 21-01-2019, he had expired therein at about 7:30 A.M. The petitioner No. 1 vide application dated 20-07-2022 addressed to the Respondent No.4 i.e. the then Deputy Commissioner of Bajali, Assam (presently merged with Barpeta District) made a request to grant Ex-Gratia relief to the Next-of-Kin of the deceased as per government Notification dated 15-11-2014, issued by Government of Assam, Revenue (Relief & Rehabilitation Branch) and Disaster Management Department, Dispur, Guwahati-06. However, in spite of receipt of the said representation, the respondent No.4 till date, has not taken any action to release the relief and the Petitioners by filing this petition under Article 226 of the Constitution of India seeks a direction to the Respondents to release the amount of Rs. 2,00,000/(Two Lakhs only) as Ex-Gratia relief to the Next-of-Kin of the deceased.

¶3Mr. A. Bhattacharjee, 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.

¶4Taking 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. A. Bhattacharjee, 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 is therefore of the opinion that it would be in the interest of justice that the instant Page No.# 5/5 petition be disposed of 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.

¶5It is further directed that the entire exercise be completed within a period of 3 (three) 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) Disaster Management Department.

¶6The petitioners are further directed to submit the Next of Kin Certificate to the Commissioner & Secretary, to the Government of Assam, Revenue (Relief and Rehabilitation) Disaster Management Department along with the certified copy of this order.

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

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010127052023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3389/2023o BINAoROYoANDo2oORSo W/O-oLATEoSWARAJoROYo@oSWARAJoCHANDRAoRAY,o RESIDENToOFoVILL-oBARSAHAN,o P.O.-oBARSAHAN,o P.S.-oPATACHARKUCHI,o SUB-DIVISION-oBAJALI,o DIST.-oBARPETA,oASSAM,o PIN-o781326. 2:oRAHULoDAS oS/O-oLATEoSWARAJoROYo@oSWARAJoCHANDRAoRAY o RESIDENToOFoVILL-oBARSAHAN o P.O.-oBARSAHAN o P.S.-oPATACHARKUCHI o SUB-DIVISION-oBAJALI o DIST.-oBARPETA oASSAM o PIN-o781326. 3:oDHANMANIoROY oS/O-oLATEoSWARAJoROYo@oSWARAJoCHANDRAoRAY o RESIDENToOFoVILL-oBARSAHAN o P.O.-oBARSAHAN o P.S.-oPATACHARKUCHI o PageoNo.#o2/5 SUB-DIVISION-oBAJALI o DIST.-oBARPETA oASSAM o PIN-o781326o VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,o REVENUEoANDoDISASTERoMANAGEMENToDEPARTMENT,o (RELIEFoANDoREHABILITATIONoBRANCH),o DISPUR,oGUWAHATI-o781006. 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVERNMENToOFo ASSAM oFINANCEoDEPARTMENT oDISPUR oGUWAHATI-o781006. 3:THEoDEPUTYoCOMMISSIONER oBARPETA oASSAM oP.O.oANDoP.S.-oBARPETA o PIN-o781314. 4:THEoSUB-DIVISIONALoOFFICER oBAJALIoSUB-DIVISION oP.O.-oMUGURIA oP.S.oBAJALI o DIST-oBARPETA oASSAM o PIN-o781325. 5:THEoCIRCLEoOFFICER oBAJALIoREVENUEoCIRCLEoOFFICE oP.O.oANDoP.S.-oPATACHARKUCHI o DIST.oBARPETA oASSAM o PIN-o781326. Page No.# 3/5 6:THE OFFICER-IN-CHARGE OF PATACHARKUCHI POLICE STATION P.O.- PATACHARKUCHI DIST.- BARPETA ASSAM PIN- 781326 For the Petitioner(s) : Mr. S. I. Akand, Advocate For the Respondent(s) : Mr. A. Bhattacharjee, Advocate BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH