Anjumani Deka v. The State of Assam and 5 Ors

ORDER Date : 14.06.2024 Heard Mr. M. Hussain, learned counsel for the petitioner. Also heard Mr. A.Bhattacharjee, learned Standing Counsel for the Revenue Department and Ms. M. Barman, learned Government Advocate for respondent Nos. 3 to 6 and Mr. B. Gogoi, learned Finance Department for respondent No. 2.

¶2By filing this petitioner under Article 226 of the Constitution of India, the petitioner is seeking ex-gratia compensation amount of Rs. 200,000/-(Rupees two lakh) only in terms of the Notification dated 15.11.2014 of the Revenue & Disaster Management Department on the ground of his son having been died in an accident occurred at a public place on 27.02.2023.

¶3In terms of Notification dated 15.11.2014, the Government of Assam was pleased to provide reliefs in respect of persons who were killed due to accident in public places. As per the aforesaid guidelines, a sum of Rs. 200,000/- has been quantified against such accident.

¶4It appears from the Next of Kin Certificate enclosed as annexure-6 to the writ petition that the petitioner is the mother of the victim. It further appears that the District Administration has already accorded sanction for payment of Rs. 200,000/- lakhs as ex-gratia to the next of kin of the deceased victim who died in accident in public place as per the report of the Circle Officer, Sipajhar Revenue Circle, Sipajhar.

¶5It further appears that despite of the aforesaid sanction order, the amount has not been released to the petitioner. Page No.# 4/4

¶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 concerned respondent authorities to release the aforesaid sanction amount to the petitioner within a period of two months from the date of receipt of the certified copy of this order.

¶7Needless to clarify that the respondents in the concerned Department shall facilitate the release of the said payment to the petitioner. With the above observation and direction, the writ petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010243372023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6356/2023o ANJUMANIoDEKAo W/O-oPURNAoDEKA,o VILL-oKHALIHAIoGAON,o P.O.-oGANESHoKUNWARI,o P.S.-oSIPAJHAR,o DIST.-oDARRANG,oASSAM,o PIN-o784145. VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,o REVENUEo(RELIEFoANDoREHABILITATION)oANDoDISASTERo MANAGEMENToDEPARTMENT,o DISPUR,oGUWAHATI-06. 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPARMENT oDISPUR oGUWAHATI-o06. 3:THEoDISTRICToCOMMISSIONER oDARRANG oMANGALDOI o ASSAM oP.O.-oMANGALDOI o P.S.-oMANGALDOI o DIST.-oDARRANG Page No.# 2/4 ASSAM PIN -784145. 4:THE CIRCLE OFFICER SIPAJHAR REVENUE CIRCLE P.O.- SIPAJHAR P.S.- SIPAJHAR DIST.- DARRANG ASSAM PIN- 784145. 5:THE SUPERINTENDENT OF POLICE DARRANG MANGALDOI ASSAM P.O. AND P.S.- MANGALDOI DIST.- DARRANG ASSAM PIN- 784145. 6:THE OFFICER-IN-CHARGE SIPAJHAR POLICE STATION P.O.- SIPAJHAR DIST- DARRANG ASSAM PIN- 784145 Advocate for the Petitioner : MR. M HUSSAIN Advocate for the Respondent : SC, REVENUE Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI