Mujafar Mandal v. The State of Assam and 5 Ors

ORDER

02.08.2023 The instant writ petition has been filed by the Petitioner assailing the actions of the Respondent Authorities in not disbursing the amount of ex-gratia amount to which the Petitioner is entitled to in terms with the Govt. Notification dated 15.11.2014.

¶2The case of the Petitioner is that on 01.06.2018 at around 11 AM when his wife namely Anna Bibi alongwith his four year old son, namely Mahmadul Houque were coming from Bidyardabri Village towards Bhai Bazar, his son was knocked down from the backside by a container truck bearing Registration No. NL 01 N-8239. The son of the Petitioner thereupon was taken to the Civil Hospital, Dhubri where he succumbed to his injuries. Subsequent thereto, a postmortem was conducted on the dead body of the son of the Petitioner on the same day in the Civil Hospital, Dhubri. An FIR was also registered being Golokganj P.S. Case No. 514/2018 under Sections 279/304(A) IPC. Subsequent thereto, on 14.06.2018, the Accident Information Report was submitted. The Petitioner thereupon submitted a representation before the Deputy Commissioner, Dhubri on the basis of the Notification No. RR.33/2014/66 dated Page No.# 3/4

15.11.2014 whereby an ex-gratia compensation of an amount of Rs. 2,00,000/- was to be provided to the next of the kin of the deceased person. As the Respondent Authorities did not take any steps for redressal of the Petitioner's grievance, the Petitioner therefore approached this Court by filing the instant writ petition.

¶3Mr. S. Dutta, the learned counsel appearing on behalf of the Revenue and Disaster Management Department submitted that the said amount have already been sanctioned by the Revenue Department and released to the Office of the Deputy Commissioner, Dhubri.

¶4Mr. N. Goswami, the learned counsel appearing on behalf of the Deputy Commissioner, Dhubri submits that he has no instructions as to whether the amount have already been released to the Petitioner. Mr. A.F.N.U. Mollah also submits that he has no instructions as to whether the said amount have been disbursed to the Petitioner.

¶5Be that as it may, taking into account that the entitlement of the Petitioner have already been ascertained and the Revenue and Disaster Management Department have already released the appropriate funds to the Deputy Commissioner, Dhubri, this Court therefore disposes off the instant writ petition with a direction to the Deputy Commissioner, Dhubri to release the entitlement to the petitioner upon a certified copy of the instant order is served to the Deputy Commissioner, Dhubri. The said exercise be carried out as expeditiously as possible and not later than 30 days therefrom. It is however made clear that if the amount had already been released to the Petitioner, there is no requirement to release any other amount on the basis of the directions passed herein. Page No.# 4/4

¶6The instructions so submitted by Mr. S. Dutta issued by the Joint Secretary to the Government of Assam, Revenue and Disaster Management Department, Relief and Rehabilitation Branch is kept on record and marked with the letter "X" . JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010138652021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o ooooooooooooooooooooooooooooooooooooooooooooooWP(C)/4487/2021 MUJAFARoMANDAL S/OoLATEoHAJIoABDULoRAHMANo VILLAGEoBIDYARDABRIoPARToIo POoBIDYARDABRI oPSoGOLOKGANJ oDISToDHUBRI oASSAMo783335 oVERSUS THEoSTATEoOFoASSAMoANDo5oORS REPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM oDISPURoGUWAHATIo781006 2:THEoCOMMISSIONERoANDoSECRETARY TOoTHEoGOVT.oOFoASSAM oREVENUEo(RELIEFoANDoREHABILATION)oANDoDISASTERoMANAGEMENTo DEPARTMENT oDISPURoGUWAHATIo781006 o3:THEoCOMMISSIONERoANDoSECRETARY TOoTHEoGOVT.oOFoASSAM oFINANCEoDEPARTMENT oDISPURoGUWAHATIo781006 o4:THEoDEPUTYoCOMMISSIONER DHUBRI oASSAMo783301 o5:THEoCIRCLEoOFFICER AGOMINIoREVENUEoCIRCLE oAGOMONI oDHUBRI oASSAM o783335 Page No.# 2/4 6:THE OFFICER IN CHARGE GOLOKGANJ POLICE STATION DHUBRI ASSAM 783335 For the Petitioner : Mr. A.F.N.U Mollah, Advocate. For the Respondents : Ms. S. Kemprai, Advocate (R- 4 & 6). Mr. N. Goswami, GA, Assam. Mr. S. Dutta, Advocate. BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH