Riyazuddin Ahmad v. The State of Assam and 4 Ors

ORDER

18.11.2024 Heard Mr. W. Rahman, learned counsel for the petitioner. Also heard Ms. G. Hazarika, learned Standing Counsel, Revenue Circle, Mr. H. Sarma, learned Additional Senior Government Advocate, Assam. 2] The petitioner is before this Court praying for grant of compensation for the death of his son who died in an accidental drowning on 18.07.2021 in the Pagaldia River near village Galdighala under Mukalmua Police Station, Nalbari. Postmortem examination of his body was performed on the same date at the SMK Hospital, Nalbari. The claim of the writ petitioner is for compensation issued under the notification dated 15.11.2014. Learned counsel 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 representation Page No.# 3/4 dated 07.09.2023 is filed before the Deputy Commissioner, Nalbari for grant of ex gratia relief to the petitioner. Learned counsel for the petitioner submits that inspite of representation having been filed, no order has been passed and the representation is stated to be pending till date. 3] Mr. H. Sarma, learned Additional Senior Government Advocate, Assam submits that the claim of the petitioner is to be examined and verified by the Deputy Commissioner, Nalbari, while calling for proper report and if it is found to be 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, Nalbari to dispose of the representations dated 07.09.2023 as it is stated that the representations dated 07.09.2023 is still pending before the Deputy Commissioner, Nalbari. Accordingly, the writ petition is disposed of directing the Deputy Commissioner, Nalbari to examine the claims of the writ petitioner by Page No.# 4/4 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, Nalbari within a period of 90 (ninety) 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, Nalbari for necessary order. 6] The writ petition stands disposed of in terms of the above observations and directions. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010232632024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5943/2024o RIYAZUDDINoAHMADo S/O-oLATEoRANGSHAoALI,o VILLAGE-oCHUNGARBARI,oP.O-oADABARI,oP.S-MUKALMUA,oDIST-o NALBARI,oASSAM,oPIN-781126 VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,o REVENUEoANDoDISASTERoMANAGEMENToDEPARTMENT,oDISPUR,o GUWAHATI-06,oKAMRUPo(M). 2:THEoCOMMISSIONERoANDoSECRETARY oTOoTHEoGOVT.oOFoASSAM o FINANCEoDEPARTMENT oDISPUR oGUWAHATI-06 oKAMRUPo(M). 3:THEoDISTRICToCOMMISSIONER oNALBARI. 4:THEoSUPERINTENDENToOFoPOLICE oNALBARI. 5:THEoCIRCLEoOFFICER oBARKHETRIoREVENUEoCIRCLE Page No.# 2/4 NARAYANPUR MUKALMUA DIST- NABALRI. Advocate for the Petitioner : MR. W RAHMAN, Advocate for the Respondent : SC, REVENUE, SC, FINANCE,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA