The court disposed of a writ petition filed by the family of a deceased accident victim seeking ex-gratia payment under a government notification, directing the Revenue Department to verify and release the amount.
Direction to respondent No. 1 to verify the petitioner's entitlement and release Rs. 2,00,000/- within two months upon verification.
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GAHC010014432022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/594/2022
KASMA BIBI W/O. LT. JAHIRUL HOQUE, VILL. SUKATIKHATA, P.O. RUPSHI, P.S. GAURIPUR, DIST. DHUBRI, ASSAM, PIN-783331.
VERSUS
THE STATE OF ASSAM AND 6 ORS REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI-06.
2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM REVENUE (RELIEF AND REHABILITATION) AND DISASTER MANAGEMENT DEPTT. DISPUR GUWAHATI-06.
3:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI-06.
4:THE DEPUTY COMMISSIONER
DHUBRI ASSAM PIN-783301.
5:THE SUPDT. OF POLICE
DHUBRI
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ASSAM PIN-783301.
6:THE CIRCLE OFFICER
GAURIPUR REVENUE CIRCLE DHUBRI ASSAM PIN-783331.
7:THE OFFICER IN CHARGE
GAURIPUR POLICE STATION DIST. DHUBRI ASSAM PIN-783331
Advocate for the Petitioner : MR. I ALAM
Advocate for the Respondent : GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 02-02-2022
Heard Mr. T Sk, learned counsel for the petitioner. Also heard Mr. PS Deka, learned Standing counsel, Revenue Department appearing for respondent No.1 and Mr. B Deuri, learned Junior Government Advocate.
This is an application under Article 226 of the Constitution of India whereby the petitioner being aggrieved for non-payment of the exgratia relief to which the petitioner being a family member of the deceased is entitled in terms with the notification dated 15.11.2014 has filed the instant writ petition.
The brief facts of the case is that the husband of the petitioner Jahirul Hoque (since deceased) met with an accident and thereupon he succumbed to his injuries and expired on 19.11.2016. Thereupon the
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petitioner had in terms with the notification dated 15.11.2014 issued by the respondent No.1 filed an application dated 29.08.2018 praying for exgratia payment of an amount of Rs.2,00,000/- before the respondent No.4. On enquiry the petitioner came to know that the claim had already been verified through the Superintendent of Police as well as respondent No.6, Circle Officer, Gauripur Revenue circle, for onward sanction but till date the authorities have not released the ex gratia grant to the petitioner.
Being aggrieved, for non consideration of the request made by the petitioner, the petitioner has approached this Court under Article 226 of the Constitution of India.
Mr. PS Deka, leanred Standing counsel, Revenue Department appearing on behalf of respondent No.1 submits that in similar matters this Court had issued directions for making payment after making due verification.
Taking into consideration the specific stand taken by the petitioner as regards her entitlement on the basis of the notification dated 15.11.2014 and also the submission of Mr. PS Deka, learned Standing counsel, Revenue Department to the effect that in respect to similarly situated persons this Court had passed directions for making payment after making due verification, this court is therefore of the opinion that it would be in the interest of justice that the instant petition be disposed of with a direction to the respondent No.1 to consider the prayer of the petitioner as regards her entitlement in terms with the notification dated 15.11.2014 and after due verification as regards the petitioner’s entitlement if it is found that the petitioner is entitled, the said ex-gratia payment of Rs.2,00,000/- may be released to the petitioner.
It is further directed that the entire exercise be completed within a period of 2 (two) months from the date a certified copy of this order is
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served upon the Commissioner & Secretary, to the Government of Assam, Revenue (Relief and Rehabilitation) Disaster Management Department.
The writ petition stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner, being a family member of a deceased accident victim, is entitled to ex-gratia relief under notification dated 15.11.2014.
1 provisions across 1 enactments
KASMA BIBI
THE STATE OF ASSAM
DEVASHIS BARUAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
