Suleka Ahmed v. The State of Assam and 4 Ors

ORDER

10.05.2023 Heard Mr. W. Rahman, learned counsel for the petitioner and Mr. K. Gogoi, learned counsel for the respondent No. 2, 3, 4 & 5. Ms. G. Hazarika, learned counsel appears for the respondent No. 1.

¶2The matter pertains to the claim of the petitioner for payment of Ex-Gratia Grant of Rs. 1 lakh in terms of the Notification No. RR.86/2005/22 dated

24.04.2007, issued by the Govt. of Assam, Revenue & Disaster Management Department, Relief & Rehabilitation Branch.

¶3The petitioner's counsel submits that the petitioner's husband Rahim Badsha died on 14.11.2008 in a road traffic accident, pursuant to which Barpeta Police Station Case No. 893/2008 under Sections 279/338/304(A)/427 I.P.C was registered. The petitioner's counsel submits that the petitioner has also enclosed the next of kin certificate dated 31.08.2022 issued by the Office of the Deputy Page No.# 3/4 Commissioner, Barpeta District, showing the petitioner to be the wife of the deceased. The petitioner's counsel submits that the petitioner is eligible to be given the Ex-Gratia Grant of Rs. 1 lakh as provided in the Notification dated

24.04.2007 and not the Notification dated 15.11.2014, as the Notification dated

15.11.2014 states that incidents occurring prior to 15.11.2014 would be governed by the O.M/notifications relevant to the period concerned.

¶4The petitioner's counsel further submits that the delay in filing the present writ petition was due to the fact that the petitioner did not know about the Ex-Gratia Grant available and the petitioner came to know about the same only after passing of the judgment dated 04.05.2019 in Gunalata Das & Ors. Vs. State of Assam & Ors. reported in 2019 4 GLT 17.

¶5The petitioner's counsel thus prays that a direction may be issued to the Deputy Commissioner, Barpeta District to examine the petitioner's representation dated 14.02.2020, for grant of Ex-Gratia Grant of Rs. 1 lakh in terms of the Notification dated 24.04.2007.

¶6The learned counsels for the respondents submit that they have no objection to the prayer made by the petitioner.

¶7In view of the consent of the parties, the Deputy Commissioner, Barpeta District is to examine the claim of the petitioner for grant of Ex-Gratia Grant of Page No.# 4/4 Rs. 1 lakh in terms of the Notification dated 24.04.2007 and the petitioner's representation dated 14.02.2020. In the event it is found that the petitioner is entitled for the same, necessary sanction for payment of the Ex-Gratia Grant should be provided by the respondent No. 1. The entire exercise should be concluded with a period of 3 (three) months from the date of receipt of a certified copy of this order.

Writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010183552021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5872/2021o SULEKAoAHMEDo W/O-oLT.oRAHIMoBADSHA,oVILL-oKUKARPAR,oP.S.oSARTHEBARI,oDIST.-o BARPETA,oASSAM,oPIN-o781305 VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oREVENUEo(Ro ANDoR)oANDoDISASTERoMANAGEMENToDEPTT.,oDISPUR,oGHY-6 2:THEoDY.oCOMMISSIONER oBARPETA oP.O. oP.S.oANDoDIST.-oBARPETA oASSAM oPIN-o781301 3:THEoSUPERINTENDENToOFoPOLICE oBARPETA oASSAM oPIN-o781301 4:THEoOFFICER-IN-CHARGE oBARPETAoP.S. oP.O. oP.S.oANDoDIST.-oBARPETA oASSAM oPIN-o781301 5:THEoCIRCLEoOFFICER oCHENGAoREVENUEoCIRCLE oP.O.oKHONGRA Page No.# 2/4 P.S. TARABARI DIST.- BARPETA ASSAM PIN- 78130 Advocate for the Petitioner : MR. W RAHMAN Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA