Meher Banu v. The State of Assam and 5 Ors

ORDER

14.06.2024 Heard Mr. M.R. Khandakar, learned counsel for the petitioner. Also heard Ms. S. Baruah, learned Government Advocate, Assam, Ms. G. Hazarika, learned Standing Counsel, Revenue & Disaster Management Department and Mr. P. Nayak, learned Standing Counsel, Finance Department. 2] The petitioner is before this Court praying for grant of compensation for the death of her husband who expired on 28.02.2020 due to road accident. It is submitted that on 28.02.2020 at around 2 P.M. a high speed truck bearing Registration No.AS-01LC-1162 knocked her husband from behind at Dighaliati on 37 No. National High Way. The claim of the writ petitioner is for compensation issued under the notification dated 15.11.2014. Learned counsel Page No.# 3/5 for the petitioner submits that as per the serial no.3 in the notification dated

15.11.2014, the petitioner is entitled for grant of compensation of Rs. 2,00,000/- (Rupees two lakhs only). It is also submitted that the representations dated 07.03.2022 and 06.02.2024 are filed before the respondent no.1 and the respondent no.3 respectively for grant of ex gratia relief to the petitioner. Learned counsel for the petitioner submits that inspite of representations having been filed, no order has been passed and the representations are stated to be pending till date. 3] Ms. S. Baruah, learned Government Advocate, Assam, submits that the claim of the petitioner is to be examined and verified by the respondent no.3, namely, the Deputy Commissioner, Nagaon, while calling for proper report and if it is found correct then the proposal to be forwarded to the Commissioner and Secretary to the Government of Assam, Department of Revenue and Disaster Management Department and thereafter, the appropriate order shall be passed by the concerned Authority for grant of compensation if they deem it fit and proper. 4] By taking into consideration of the submissions advanced by the learned counsel for the parties, this Court is of the view that the writ petition can be disposed of at this stage by directing the Deputy Commissioner, Nagaon to Page No.# 4/5 dispose of the representation dated 06.02.2024 as it is stated that the representation dated 06.02.2024 is still pending before the Deputy Commissioner, Nagaon. Accordingly, the writ petition is disposed of directing the Deputy Commissioner, Nagaon to examine the claims of the writ petitioner by calling for detailed report and thereafter, if the claim of the writ petitioner is found to be genuine, a proposal be prepared and sent to the Office of the Commissioner and Secretary to the Government of Assam, Department of Revenue and Disaster Management Department for grant of compensation under the notification dated 15.11.2014. This exercise be completed by the Deputy Commissioner, Nagaon within a period of 60 (sixty) days from the date of receipt of a certified copy of this order. In the event the proposal for compensation is sent to the Office of the respondent no.1, namely, the Commissioner and Secretary to the Government of Assam, Department of Revenue and Disaster Management Department, the said Department will consider the proposal as per law and pass appropriate order within a further period of 60 (sixty) days there from. 5] The petitioner will furnish a certified copy of this order along with the copy of the writ petition to the Deputy Commissioner, Nagaon for necessary order. 6] The writ petition stands disposed of in terms of the above observations Page No.# 5/5 and directions.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010207542023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5664/2023o MEHERoBANUo W/O-oLATEoROFIQULoISLAM,oVILL.-oSIALMARIoITACHOLI,oP.O.oNAGAON,o P.S.oNAGAONoSADAR,oDIST.oNAGAON,oASSAM,oPIN-o782003. VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oREVENUEoANDoDISASTERoMANAGEMENToDEPTT.,oRELIEFo ANDoREHABILITATIONoBRANCH,oDISPUR,oGUWAHATI-06. 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPTT. oDISPUR oGUWAHATI-06. 3:THEoDEPUTYoCOMMISSIONER oNAGAON oP.O.oANDoDIST.oNAGAON oASSAM oPIN-o782001. 4:THEoSUPERINTENDENToOFoPOLICE oNAGAON oP.O.oANDoDIST.oNAGAON oASSAM oPIN-o782001. 5:THEoOFFICER-INoCHARGE oRAHAoPOLICEoSTATION oP.O.oRAHA oDIST.oNAGAON Page No.# 2/5 ASSAM PIN- 782103. 6:THE CIRCLE OFFICER OF NAGAON SADAR REVENUE CIRCLE P.O. AND DIST. NAGAON ASSAM PIN- 782001 Advocate for the Petitioner : MR. M R KHANDAKAR Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA