In this petition for ex-gratia compensation regarding the death of the petitioner's son during police firing, the Court found that the compensation had been paid to the petitioner. Consequently, the petition was dismissed as infructuous with no further relief granted. This was a thin order decided on 02.06.2022.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/3
GAHC010099192020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2903/2020
SELIM SHEKH
S/O- LT. NURUZZAMAL SHEKH, R/O- VILL- KUKURMARA, P.O.RADHAMADHAB HAT, P.S. MANKACHAR, DIST.- SOUTH SALMARA MANKACHAR, ASSAM, PIN- 783131
VERSUS
THE STATE OF ASSAM AND 6 ORS
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, REVENUE (RELIEF AND REHABILITATION) AND DISASTER MANAGEMENT, DISPUR, GHY-06
2:THE SECRETARY TO THE GOVT. OF ASSAM REVENUE (RELIEF AND REHABILITATION) AND DISASTER MANAGEMENT DISPUR GHY-06 3:THE COMM. AND SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GHY-06 4:THE DY. COMMISSIONER SOUTH SALMARA MANKACHAR DIST.- SOUTH SALMARA MANKACHAR ASSAM PIN- 783135
5:THE SUPERINTENDENT OF POLICE SOUTH SALMARA MANKACHAR DIST.- SOUTH SALMARA MANKACHAR
Page No.# 2/3
ASSAM PIN- 783135 6:THE OFFICER-IN-CHARGE OF SOUTH SALMARA P.S. DIST.- SOUTH SALMARA MANKACHAR ASSAM PIN- 783127 7:THE DIRECTOR GENERAL BORDER SECURITY FORCE BLOCK NO. 10 CGO COMPLEX LODHI ROAD NEW DELHI-3
Advocate for the Petitioner : MR. M AHMED
Advocate for the Respondent : SC, REVENUE
BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 02.06.2022
Mr. M. Ahmed, learned counsel for the petitioner submits that the writ petition is filed by the petitioner seeking ex-gratia compensation in terms of the Notification No. RR.33/2014/66 dated 15.11.2014 issued by the Additional Chief Secretary, Revenue and Disaster Management Department, Government of Assam in respect of the death of the son of the petitioner, late Roushon Alom, who expired on 15.02.2013 at Hatisingimari due to firing resorted by the B.S.F. and Police personnel.
It is submitted by the learned counsel for the petitioner that during the pendency of the case the ex-gratia amount of Rs. 3,00,000/- (Rupees three lakhs) only was paid to the next-of-kin
Page No.# 3/3
of the deceased, late Roushon Alom. The next-of-kin is the father of the deceased, late Roushon Alom, namely the petitioner.
The ex-gratia amount was released on 02.07.2021.
Learned counsel appearing for the Government does not dispute the same.
Accordingly, the writ petition is dismissed as infructous.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the writ petition seeking ex-gratia compensation remains maintainable after the payment of Rs. 3,00,000/- to the next-of-kin.
Selim Shekh
The State of Assam
Soumitra Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
