Smt. Bajanti Karmakar v. the State of Assam and 4 Ors.

Gauhati HC2 Nov 2025WP(C)/6985/2022

Case brief

AI extract

What is this about?

Ex gratia compensation; accidental death in ring well; Gingia tea estate, Biswanath district, Assam; Gingia U.D Case No.19/2017; F.R as accident; post mortem; government notification dated 15.11.2014 (Relief and Rehabilitation / Disaster Management); District Commissioner Biswanath; Circle Officer Biswanath Revenue Circle; time-bound direction 12 weeks; writ petition disposed, no adjudication of entitlement; Gauhati High Court 2025; Arun Dev Choudhury.

What did the court decide?

Direction to the District Commissioner, Biswanath to consider the petitioner's claim in terms of the Notification dated 15.11.2014 and pay any compensation due if she is entitled, within 12 weeks of the petitioner furnishing a certified copy of the order. ¶¶33

Smt. Bajanti Karmakar Vs the State of Assam and 4 Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, whose husband died on 05.10.2017 after falling into a ring well (accidental death per police report), is entitled to ex gratia payment/compensation in terms of the government notification dated 15.11.2014, and whether the authorities should process her pending claim.

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Court's answer

The writ petition stands disposed of with a direction to the District Commissioner, Biswanath to consider the petitioner's case in terms of the Notification dated 15.11.2014 and, if she is entitled to any compensation under that policy, to pay the same.

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Ratio / Principle

The entire exercise (consideration of the claim under the Notification dated 15.11.2014) is to be carried out within 12 weeks from the date of receipt of a certified copy of the order to be furnished by the petitioner before the District Commissioner.

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Detailed headnote1 paragraphs

Gauhati High Court (Arun Dev Choudhury, J.), Order dated 03.11.2025 in WP(C)/6985/2022 — disposed. Petitioner, widow of a labourer who died on 05.10.2017 after falling into a government ring well at Gingia tea estate (death investigated as Gingia U.D Case No.19/2017; police report of 18.01.2022 concluded accidental death and the U.D Case was returned in F.R as accident), sought ex gratia payment under the government notification dated 15.11.2014. Her application to the District Commissioner, Biswanath had remained unactioned. The State (through its Senior Government Advocate) submitted that the claim shall be considered under the 15.11.2014 notification. The Court disposed of the writ petition directing the District Commissioner, Biswanath to consider the petitioner's case under the Notification dated 15.11.2014 and to pay compensation if found entitled, the entire exercise to be completed within 12 weeks of the petitioner furnishing a certified copy of the order.

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GAHC010221162022

2025:GAU-AS:14825

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/6985/2022

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SMT. BAJANTI KARMAKAR

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W/O. LT. BAYDYANATH KARMAKAR @ BAIDYANATH KARMAKAR, VILL. GINGIA TEA ESTATE, P.O. AND P.S. GINGIA, DIST. BISWANATH, ASSAM, PIN-784184.

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VERSUS

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THE STATE OF ASSAM AND 4 ORS

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REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, REVENUE (RELIEF AND REHABLITATION) AND DISASTER MANAGEMENT DEPTT., DISPUR, GUWAHATI-06.

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2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI-06.

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3:THE DEPUTY COMMISSIONER BISWANATH ASSAM P.O. BISWANATH CHARIALI P.S. BISWANATH PIN-784176.

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4:THE CIRCLE OFFICER BISWANATH REVENUE CIRCLE P.O. GINGIA DIST. BISWANATH ASSAM PIN-784184.

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5:THE OFFICER IN CHARGE GINGIA POLICE STATION P.O. GINGIA DIST. BISWANATH ASSAM PIN-784184

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Advocate for the Petitioner : MR. R Deka, S I AKAND

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Advocate for the Respondent : GA, ASSAM, SC, REVENUE,SC, FINANCE

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BEFORE

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HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

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ORDER

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Date : 03.11.2025

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Heard Mr. S I Akand, learned counsel for the petitioner.

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By the present writ petition a prayer for payment of exgratia in terms of government notification dated 15.11.2014 has been made.

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It is the case of the petitioner that her husband died on 05.10.2017 by falling into a Ring Well and a case was registered being Gingia U.D Case No.19/2017.

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The FIR which is annexed to the writ petition reflects that the deceased was missing from the evening of 6 pm on 05.10.2017 and his dead body was found in a ring well of Nalbari line. A police report was submitted in the year 18.01.2022 disclosing that based on the FIR, a U.D Case being U.D. Case No.19/2017 was registered and post mortem examination was done.

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During investigation it was found that the written information given about the deceased is correct. It is also recorded in

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the report that the deceased somehow fell down in a government ring well situated at Gingia tea estate and matter was an accidental one and accordingly, U.D. Case was returned in F.R as accident.

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Based on these, the petitioner claims the compensation as recorded hereinabove.

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It is the grievance of the petitioner that though an application was filed before the District Commissioner, Biswanath after receipt of the police report, however, nothing has been done till date. 8. Mr. BJ Talukdar, learned Senior Government Advocate appearing for the state respondent submits that the petitioner’s claim shall be considered in terms of the notification dated 15.11.2014.

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In view of the aforesaid, the present writ petition stands disposed of directing the District Commissioner, Biswanath to consider the case of the petitioner in terms of the Notification dated 15.11.2014 and if the petitioner is entitled for any compensation as per the aforesaid policy, the same may be paid.

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The entire exercise be carried out within a period of 12 weeks from the date of receipt of a certified copy of this order to be furnished by the petitioner before the District Commissioner.

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The writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Smt. Bajanti Karmakar v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Smt. Bajanti Karmakar v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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