Bimala Nath v. The State of Assam and 6 Ors

ORDER

14.06.2024 Heard Mr. M. Hussain, learned counsel for the petitioner. Also heard Ms. S. Baruah, learned Government Advocate, Assam, Ms. G. Hazarika, learned Standing Counsel, Revenue (Relief and Rehabilitation) & Disaster Management Department and Mr. A. Chaliha, 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 01.07.2022 due to the injury Page No.# 3/5 sustained by the her husband in a motor vehicular accident occurred on

24.05.2022 at Shalmara under Baihata Chariali Police Station. 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 dated 11.07.2023 is filed before the respondent no.3, namely, the District Commissioner, Kamrup(R) 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] 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, Kamrup(R), 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. Page No.# 4/5 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, Kamrup(R) to dispose of the representation dated 11.07.2023 as it is stated that the representation dated 11.07.2023 is still pending before the Deputy Commissioner, Kamrup(R). Accordingly, the writ petition is disposed of directing the Deputy Commissioner, Kamrup(R) 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, Kamrup(R) 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 Page No.# 5/5 of the writ petition to the Deputy Commissioner, Kamrup(R) for necessary order. 6] The writ petition stands disposed of in terms of the above observations and directions. JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010262512023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6821/2023o BIMALAoNATHo W/O-oLT.oHEMAoKANTAoNATH,oVILL-oHALDHA,oP.O.oBURAH,oP.S.oSIPAJHAR,o DIST.-oDARRANG,oASSAMoPIN-o784145 VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVToOFo ASSAM,oREVENUEo(RELIEFoANDoREHABILITATION)oANDoDISASTERo MANAGEMENToDEPARTMENT,oDISPUR,oGUWAHATI-06 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPARTMENT oDISPUR oGUWAHATI-06 3:THEoDISTRICToCOMMISSIONER oKAMRUPo(R) oASSAM oP.O.oANDoP.S.oAMINGAON oDIST.-oKAMRUPo(R) oASSAM oPIN-o781031 4:THEoDISTRICToCOMMISSIONER oDARRANGoASSAM oP.O.oANDoP.S.oMONGOLDAI oDIST.-oDARRANG oASSAM oPIN-o784145 5:THEoCIRCLEoOFFICER Page No.# 2/5 SIPAJHAR REVENUE CIRCLE P.O. AND P.S. SIPAJHAR DIST.- DARRANG ASSAM PIN- 784145 6:THE SUPERINTENDENT OF POLICE KAMRUP (R) ASSAM DIST.- KAMRUP (R) ASSAM PIN- 781031 7:THE OFFICER-IN-CHARGE BAIHATA CHARIALI POLICE STATION P.O. BAIHATA CHARIALI DIST.- KAMRUP (R) ASSAM PIN- 78138 Advocate for the Petitioner : MR. M HUSSAIN Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA