Rashida Khatun v. The State of Assam and 5 Ors

ORDER

23.02.2024 Heard Mr. S. Islam, learned counsel for the petitioner. Also heard Mr. S. R. Bora, learned Junior Government Advocate, Assam for respondent Nos. 3, 4, 5 and 6, Mr. A. Bhattacharjee, learned Standing Counsel, for the Revenue Department and Mr. B. Gogoi, learned Standing Counsel, Finance Department.

¶2By filing the writ petition, the petitioner is seeking ex-gratia compensation of Rs. 2,00,000/- (Rupees Two lakh) only in terms of the Government Notification dated

15.11.2014 in relation to the death of her husband due to road accident in public place by vehicle.

¶3The case of the petitioner in brief is that the petitioner's husband met with an accident on the way to attend duties when he was hit by a truck driven negligently and rashly causing the death of her husband on the spot. Because of the death of the husband, the petitioner is facing various difficulties and financial hardship in maintaining day to day expenses. The petitioner accordingly by an application dated

19.07.2022 prayed before the office of the District Commissioner, Dhubri for grant and releasing an amount of Rs. 2 lakhs as ex-gratia compensation under the scheme of ex-gratia compensation as notified by the Government of Assam with the Notification Page No.# 3/3 dated 15.11.2014 to the next of kin who become victim of the unusual death or injuries as mentioned in the said notification.

¶4I have heard the submissions made at the bar and I have perused the materials available on record.

¶5It appears from page 18 annexture-1 to the writ petition that the petitioner has produced the next of kin Certificate which indicates that the petitioner is the next of kin of her husband i.e. Late Sayed Ahmed.

¶6In view of the above, I am of the considered view that this writ petition can be disposed of with a direction to the office of the District Collector, Dhubri to cause an appropriate inquiry on the merit of the claim and to release ex-gratia relief to the petitioner, if found eligible, within a period of three months from the date of receipt of a certified copy of this order.

¶7With the above observation and direction, this writ petition stands allowed to the extent indicated above.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010167252023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4386/2023o RASHIDAoKHATUNo W/OoLATEoSAYEDoAHMED,oVILL-BANIAMARIPT-VII,oP.O.-RANGAPANI,oP.S.- GAURIPUR,oDIST-DHUBRI,oASSAM,oPIN-783339 VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oREVENUEo(RoANDoR)oANDoDISASTERoMANAGEMENTo DEPARTMENT,oDISPUR,oGUWAHATI-781006 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPARTMENT oDISPUR oGUWAHATI-781006 3:THEoDEPUTYoCOMMISSIONER oDHUBRI oASSAM oPIN-783301 4:THEoSUPERINTENDENToOFoPOLICE oDHUBRI oASSAM oPIN-783301 5:THEoCIRCLEoOFFICER oATHANIoREVENUEoCIRCLE oDIST-DHUBRI oASSAM oPIN-783349 Page No.# 2/3 6:THE OFFICER-IN-CHARGE NAYAHAT BAZAR DHUBRI ASSAM PIN-78330 Advocate for the Petitioner : MR. A ALI Advocate for the Respondent : SC, REVENUE B E F O R E HON'BLE MR. JUSTICE KAUSHIK GOSWAMI