Dismissed¶28

Nirupama Kalita v. the State of Assam and 5 Ors.

Gauhati HC3 Sept 2025WP(C)/7527/2022

Case brief

AI extract

What is this about?

Nirupama Kalita v. State of Assam and 5 Ors; Gauhati High Court; WP(C)/7527/2022; order dated 04-09-2025; Justice Rajesh Mazumdar; ex-gratia; O.M No. RR.33/2014/66 dated 15.11.2014; Relief and Rehabilitation Branch; accident not connected with extremist/terrorist/miscreant acts or communal/ethnic violence/group clash; governed by W.P.(C) No. 2700/2023 order dated 21.06.2024; writ appeal pending against that order; petition closed and dismissed; Goalpara; Agia Police Station; Agia Revenue Circle.

What did the court decide?

None; the writ petition was closed in terms of the judgment & order dated 21.06.2024 passed in W.P.(C) No. 2700/2023 and dismissed, with the pending writ appeal's final adjudication to govern the petitioner's case. ¶28

Nirupama Kalita Vs the State of Assam and 5 Ors. — Gauhati HC (2025) — LawSathi Research

Page No.# 1/3

GAHC010239272022

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

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Case No. : WP(C)/7527/2022

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NIRUPAMA KALITA

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D/O- LATE KANDARPA KALITA, VILL.- BAPUPARA PT-I, P.O. AND P.S. AGIA, DIST. GOALPARA, ASSAM, PIN- 783101.

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VERSUS

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THE STATE OF ASSAM AND 5 ORS

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REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, RELIEF AND REHABILITATION BRANCH, DISPUR, GUWAHATI-06.

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2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-06.

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3:THE DEPUTY COMMISSIONER GOALPARA P.O. AND DIST. GOALPARA ASSAM PIN- 783101.

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4:THE SUPERINTENDENT OF POLICE GOALPARA P.O. AND DIST. GOALPARA ASSAM PIN- 783101.

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5:THE OFFICER-IN-CHARGE OF AGIA POLICE STATION P.O. AND P.S. AGIA DIST. GOALPARA ASSAM

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PIN- 783101.

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6:THE CIRCLE OFFICER OF AGIA REVENUE CIRCLE P.O. AND DIST. GOALPARA ASSAM PIN- 783120

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Advocate for the Petitioner : MR. M R KHANDAKAR, MR A K AZAD

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Advocate for the Respondent : GA, ASSAM, MR. D K SARMAH, ADDL. SR. GA, ASSAM (R-3 TO 6),SC, FINANCE,MR A BHATTACHARJEE, SC, REVENUE & DM DEPTT., ASSAM (R-1)

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BEFORE

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HONOURABLE MR. JUSTICE RAJESH MAZUMDAR

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ORDER

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Date : 04-09-2025

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Heard Mr. M.R. Khandakar, learned counsel for the petitioner. Also heard Mr. R. Borbujari, learned counsel for the respondent No.1 and Ms. R.B Borah, learned counsel for the respondent No. 3, 4, 5 & 6.

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It is submitted at bar that by the order dated 21.06.2024 passed in W.P. (C) No. 2700/2023, this Court has held that the benefits of ex-gratia as per the O.M No. RR.33/2014/66 dated 15.11.2014 will not be available to the victim or legal heirs, if the accident was not in connection with acts committed by extremist, terrorist, or miscreants or during communal violence/ethnic violence/group clash.

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The learned counsel for the parties submits that in principle the finding given by the Court in W.P.(C) No. 2700/2023 would also govern the present case. In such view of the matter, the present writ petition is closed in terms of the judgment & order dated 21.06.2024 passed in W.P.(C) No. 2700/2023 and is

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accordingly dismissed.

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It is submitted at bar that a writ appeal has been preferred against the order dated 21.06.2024 and if that be so, it is made clear that the final adjudication of such writ appeal shall also govern the case of the petitioner in this writ petition.

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Accordingly, the writ petition stands disposed.

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JUDGE

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Comparing Assistant

Nirupama Kalita v. the State of Assam and 5 Ors.

Case brief

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Nirupama Kalita v. the State of Assam and 5 Ors.

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