Jyotish Chandra Das v. The State of Assam and 7 Ors

ORDER

14.06.2024

Heard Ms. Tinlung, learned counsel for the petitioner. Also heard Ms. M. Barman, learned Government Advocate for the State respondent and Ms. N. Bordoloi, learned Standing Counsel, Revenue & Disaster management Department and Mr. B.Gogoi, learned Standing Counsel for the Finance Department.

¶2By filing this petitioner under Article 226 of the Constitution of India, the petitioner is seeking direction from the respondent authorities, more particularly, respondent Nos. 1, 2, 3 and 4 to consider the case of the petitioner under the Page No.# 3/4 'Rehabilitation Policy for Erosion Affected Families of Assam, 2020" in terms of Office Memorandum No. RGR.785/2014/91 dated 06.01.2021 and RGR. 611/2015/66 dated 26.06.2015.

¶3It is submitted at the bar that the office of the District Commissioner, Barpeta by Order dated 31.08.2023 after considering the application filed by the petitioner for release of financial assistance, in terms of the Scheme applicable, found the petitioner entitled.

¶4A perusal of the said Order enclosed as annexure-8 to the petition reveals that District Administration has also sent letter to Revenue & Disaster Management Department for providing a budgetary head in order to make necessary compensation to the petitioner.

¶5It further appears that due to absent of such budgetary head, the compensation could not be granted to the petitioner.

¶6In view of the above, this Court is of the considered view that this writ petition can be disposed of with a direction to the Revenue & Disaster Management Department to forward the case of the petitioner before the Finance Department for sanction.

¶7Ordered accordingly.

¶8Needless to clarify that the Revenue & Disaster Management Department shall forward the proposal within a period of 45 days from the date of receipt of the certified copy of this order and the Revenue & Disaster Management thereafter shall proceed in accordance with law within a period of 45 days. Page No.# 4/4 JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010232042023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6126/2023o JYOTISHoCHANDRAoDASo S/OoLATEoLALIToCHANDRAoDAS,oWARDoNO.o5,oGANDHIoNAGAR,oP.O.oANDo P.S.-BARPETA,oDIST-BARPETA,oSTATE-ASSAM,oPIN-781301 VERSUSo THEoSTATEoOFoASSAMoANDo7oORS.o REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o REVENUEoANDoDISASTERoMANAGEMENToDEPARTMENT,oASSAMo SECRETARIAT,oDISPUR,oGUWAHATI-781006 2:THEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oREVENUEoANDoDISASTERoMANAGEMENToDEPARTMENT oE-BLOCK oASSAMoSECRETARIAT oDISPUR oGUWAHATI-781006 3:THEoJOINToSECRETARYoTOoTHEoGOVT.oOFoASSAM oREVENUEoANDoDISASTERoMANAGEMENToDEPARTMENT oASSAMoSECRETARIAT oDISPUR oGUWAHATI-781006 4:THEoCHIEFoEXECUTIVEoOFFICER oASDMA oDISPUR oGUWAHATI-6 5:THEoDISTRICToCOMMISSIONER oBARPETA oDIST-BARPETA Page No.# 2/4 ASSAM 6:THE CIRCLE OFFICER BARNAGAR CIRCLE BARPETA 7:THE COMMISSIONER AND SECRETARY TO THE FINANCE DEPARTMENT GOVT. OF ASSAM DISPUR GUWAHATI PIN-781006 8:THE TREASURY OFFICER BARPETA DISTRICT BARPET Advocate for the Petitioner : MR. R K TALUKDAR Advocate for the Respondent : SC, REVENUE AND DISASTER MANAGEMENT DEPT B E F O R E HON'BLE MR. JUSTICE KAUSHIK GOSWAMI