Hemani Basumatary v. The State of Assam and 4 Ors

ORDER Date : 06-11-2023

¶1This is an application filed under Article 226 of the Constitution of India whereby the Petitioner being aggrieved for non-payment of the ex-gratia relief to which the Petitioner being the family member of the deceased is entitled in terms with the notification dated

15.11.2014.

¶2The brief facts of the instant case is that on 16.08.2018 at about 2 PM when the husband of the Petitioner namely Manoj Basumatary (since deceased) was going by a Motorcycle bearing Registration No.AS-19L/2086 to Kajalgaon, one unknown vehicle came in a rush and negligent manner and knocked the husband of the petitioner and fled away. Thereupon, the husband of the Petitioner was admitted at JSB Civil Hospital, Kajalgaon, Chirang, Assam but he was declared dead at hospital. The post mortem of the deceased person was conducted at the same hospital. Thereupon, the Petitioner had in terms with the notification dated

15.11.2014 issued by the Respondent No.1 approached before the Office of the Deputy Commissioner, Chirang i.e. the Respondent Page No.# 3/4 No.2 praying for ex-gratia payment of an amount of Rs.2,00,000/-. But the said Respondent No.2 did not take any action for the payment for which the Petitioner had approached this Court under Article 226 of the Constitution of India.

¶3Mr. R Borpujari, 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 Petitioner on the basis of the notification dated 15.11.2014 and also the submission of Mr. R Borpujari, 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 petition be disposed of with a direction to the Respondent No.1 to consider the prayer of the Petitioner as regards the entitlement in terms with the notification dated 15.11.2014 and after due verification as regards the Petitioner's entitlement if it is found that the Petitioner is entitled, the said ex-gratia payment of Rs.2,00,000/- may be released to the Petitioner.

¶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 Page No.# 4/4 Management Department.

¶6The Petitioner is further directed to furnish the Next of Kin Certificate to the Commissioner & Secretary, 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.#o1/4 GAHC010184242019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5695/2019o HEMANIoBASUMATARYo W/O-oLATEoMANOJoBASUMATARY,oVILL-oDADURIBIL,oP.O-oDUTTAPUR,oP.S-o SIDLI,oDIST-oCHIRANG,oASSAM,oPIN-o783373 VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVToOFoASSAM,o REVENUEo(RoANDoR)oANDoDISASTERoMANAGEMENToDEPTT,oDISPUR,o GHY-o6 2:THEoDEPUTYoCOMMISSIONER oCHIRANG oASSAM oPIN-o783385 3:THEoSUPERINTENDENToOFoPOLICE oCHIRANG oASSAM oPIN-o783385 4:THEoOFFICERoINoCHARGE oDHALIGAONoPOLICEoSTATION oCHIRANG oASSAM oPIN-o783385 5:THEoCIRCLEoOFFICER oSIDLIoREVENUEoCIRCLE oSIDLI oCHIRANG oASSAM Page No.# 2/4 PIN- 78337 Advocate for the Petitioner : MD H R AHMED Advocate for the Respondent : SC, REVENUE BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH