Hazarat Ali v. The State of Assam and 4 Ors

ORDER Date : 01.09.2023

¶1This is an application filed under Article 226 of the Constitution of India whereby the Petitioner is aggrieved for non-payment of the Ex-gratia relief to which the Petitioner being the son of the deceased person is entitled in terms with the notification dated 15.11.2014.

¶2The Petitioner herein claims to be the son of one Sayed Ali (since deceased). The brief facts of the instant case is that on 20.08.2015 at about 4:00 PM while Late Sayed Ali was coming from Khalishavita Bazar to his own residence, a Auto Tempo bearing Registration No.AS-18-A-2970 was driving in a rash and negligent manner hit Late Sayed Ali at Dhumerghat near Kartimari and Ambari P.W.D. Road as a result of which the father of the Petitioner died on the spot. The post mortem was conducted at Goalpara Civil Hospital on 21.08.2015. To that effect, a case was registered vide Lakhipur P.S. Case No.347/2015 under Section 279/304(A) of the IPC.

¶3Thereupon, the Petitioner had in terms with the notification dated

15.11.2014, issued by the Respondent No.1, filed a representation dated Page No.# 3/4

27.04.2021 to the Respondent No.3 praying for Ex-gratia payment of an amount of Rs.2,00,000/-. But the Respondent No.3 did not take any action for the payment to the Petitioner for which the instant writ petition is filed.

¶4Ms. N. Bordoloi, the learned Standing counsel appearing on behalf of the Revenue Department submits that in similar matters this Court had issued directions for making payment after making due verification.

¶5Taking into consideration the specific stand taken by the Petitioner on the basis of the notification dated 15.11.2014 and also the submission of Ms. N. Bordoloi, the learned Standing counsel for the 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.

¶6It is further directed that the entire exercise be completed within a period of 3 (three) months from the date a certified copy of the instant order is served upon the Commissioner & Secretary, to the Government of Assam, Revenue (Relief and Rehabilitation) Disaster Management Department.

¶7The Petitioner is further directed to submit the Next of Kin Certificate to the Commissioner & Secretary, to the Government of Assam, Revenue (Relief and Rehabilitation) Disaster Management Department along with the certified copy Page No.# 4/4 of this order.

¶8With above observations and directions, the instant writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010188982023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5026/2023o HAZARAToALIo S/O-oLATEoSAYEDoALI,oVILL.-oDINGDINGAoPT-2,oP.O.oCHIRAKUTI,oP.S.o FAKIRGANJ,oDIST.oDHUBRI,oASSAM,oPIN-o783330. VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oREVENUEo(RELIEFoANDoREHABILITATION)oANDoDISASTERo MANAGEMENToDEPARTMENT,oDISPUR,oGUWAHATI-06. 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPARTMENT oDISPUR oGUWAHATI-06. 3:THEoDEPUTYoCOMMISSIONERoOFoGOALPARA oASSAM oP.O. oP.S.oANDoDIST.oGOALPARA oASSAM oPIN-o783101. 4:THEoDEPUTYoCOMMISSIONER oDHUBRI oP.O. oP.S.oANDoDIST.oDHUBRI oASSAM oPIN-o783330. 5:THEoOFFICER-IN-CHARGE Page No.# 2/4 LAKHIPUR POLICE STATION DIST. GOALPARA ASSAM PIN- 783124 Advocate for the Petitioner(s) : Mr. A. Islam, Advocate Advocate for the Respondents(s) : Ms. N. Bordoloi, SC, Revenue Department BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH