Dhananjoy Kumar Brahma v. The State of Assam and 7 Ors

ORDER

13.05.2024

¶1Heard Mr. M. Hussain, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned Addl. Sr. Government for the State respondents and Ms. G. Hazarika, learned Standing Counsel, Revenue Department.

¶2By way of this writ petition the petitioner is seeking ex-gratia compensation on the ground that the younger brother of the petitioner, namely Ashinta Kumar Page No.# 3/4 Brahma was killed by extremists on 09.12.2000.

¶3The facts of the case is that the younger brother of the petitioner upon being killed by the B.L.T.F. extremists, the father of the petitioner as well as the petitioner on several occasions applied for ex-gratia compensation before the District Commissioner, Kokrajhar. But, no action was taken on the aforesaid applications. It is the further case of the petitioner that the father of the petitioner died in the year 2006. Thereafter, on 13.11.2017, the petitioner had also filed an application before the Commissioner and Secretary to the Government of Assam, Revenue & Relief and Rehabilitation Department seeking ex-gratia grant for killing of his younger brother by the B.L.T.F. extremists under the applicable scheme. Having no response from the government, the instant writ petition is filed.

¶4I have heard the learned counsels for the parties and perused the materials available on record.

¶5It appears that though an application for ex-gratia compensation has been preferred in the office of the District Commissioner, Kokrajhar, the same has not been looked into. However, the copy of the aforesaid application is not enclosed to the writ petition.

¶6Be that as it may, for the ends of justice, this Court is of the considered view that this writ petition can be disposed of with a direction to the District Commissioner, Kokrajhar to cause an enquiry as regards the entitlement of the petitioner for any compensation in relation to the death of his younger brother in accordance with law. In the event the petitioner is entitled for ex-gratia compensation, the Revenue Department shall do the needful.

¶7Needless to clarify that the entire exercise shall be carried out by the Page No.# 4/4 respondent authorities within a period of 2(two) months from the date of receipt of a certified copy of this order.

¶8Let a copy of the writ petition along with a copy of this order be submitted before the concerned authorities by the petitioner.

¶9With the aforesaid directions and observations this writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010172052020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5156/2020o DHANANJOYoKUMARoBRAHMAo S/O-oLT.oBANKIMoBRAHMA,oB/O-oLT.oASHINTAoKUMARoBRAHMA,oVILL-o BATABARI,oP.O.oCHORAIKHOLA,oP.S.oKOKRAJHAR,oDIST.-oKOKRAJHAR,o BTR,oASSAM,oPIN-o783376 VERSUSo THEoSTATEoOFoASSAMoANDo7oORSo REP.oBYoTHEoCHIEFoSECY.oTOoTHEoGOVT.oOFoASSAM,oDISPUR,oGHY-6 2:THEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM oRELIEFoANDoREHABILITATIONoDEPTT. oDISPUR oGHY-6 3:THEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM oPERSONNELo(B)oDEPTT. oDISPUR oGHY-6 4:THEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPTT. oDISPUR oGHY-6 5:THEoDY.oCOMMISSIONER oKOKRAJHAR oASSAM oP.O.oANDoP.S.oANDoDIST.-oKOKRAJHAR oASSAM oPIN-o783370 Page No.# 2/4 6:THE SUPERINTENDENT OF POLICE KOKRAJHAR ASSAM P.O. AND P.S. AND DIST.- KOKRAJHAR ASSAM PIN- 783370 7:THE OFFICER-IN-CHARGE KOKRAJHAR P.S. P.O. AND P.S. - KOKRAJHAR DIST.- KOKRAJHAR BTR ASSAM PIN- 783370 8:THE CIRCLE OFFICER KOKRAJHAR REVENUE CIRCLE KOKRAJHAR P.O. AND P.S. - KOKRAJHAR DIST.- KOKRAJHAR BTR ASSAM PIN- 78337 Advocate for the Petitioner : MR. M HUSSAIN Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI