Smtl Lili Dutta Vs the State of Assam and 5 Ors.

This is an application filed under Article 226 of the Constitution of India whereby the Petitioner is aggrieved for non-payment of the Ex-gratia relief to which the Petitioner being the wife of the deceased person is entitled in terms with the notification dated 08.04.2015.

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The Petitioner herein claims to be the wife of one Dilip Dutta (since deceased). The brief facts of the instant case are that on 05.06.2025, the Petitioner’s husband, Late Dilip Dutta, was walking near Joon Gaon, which falls in the border area of the Sivasagar and Dibrugarh districts, approximately one kilometer from the Petitioner’s residence near the Dikhow River embankment, where the water level had risen abnormally due to incessant rains and floods. While attempting to cross the said

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river over a bamboo bridge, the Petitioner’s husband accidentally slipped, fell into the floodwaters, and drowned. The Gaon Pradhan of Joon Gaon immediately informed the Petitioner about the unfortunate incident and the SDRF team recovered the body of the Petitioner’s husband on the same day. In this regard, a case was registered vide Khowang P.S. Case UD No. 05/2025. The post-mortem examination was conducted at Assam Medical College and Hospital on 05.06.2025 and it was confirmed that the death of the Petitioner’s husband was due to asphyxia as a result of drowning.

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Thereupon, the Petitioner had in terms with the notification dated 08.04.2015 issued by the Deputy Secretary to the Government of India filed a representation on 19.12.2025 to the Respondent No.3 praying for Ex-gratia payment of an amount of Rs.4,00,000/-. But the Respondent No.3 did not take any action for the payment to the Petitioner for which the instant writ petition is filed.

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Mr. J. Handique, the learned Standing counsel appearing on behalf of the Revenue Department submits that in similar matters this Court had issued directions for making payment after making due verification.

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Taking into consideration the specific stand taken by the

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Petitioner on the basis of the notification dated 08.04.2015 and also the submission of Mr. J. Handique, the learned Standing counsel for the 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 Nos.1 and 2 to consider the prayer of the Petitioner as regards the entitlement in terms with the notification dated 08.04.2015 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.4,00,000/- may be released to the Petitioner.

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It is further directed that the entire exercise be completed within a period of 5 (five) months from the date a certified copy of the instant order is served upon the Additional Chief Secretary, to the Government of Assam, Revenue (Relief and Rehabilitation) Disaster Management Department.

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The Petitioner is further directed to submit the Next of Kin Certificate to the Additional Chief Secretary to the Government of Assam, Revenue (Relief and Rehabilitation) Disaster Management Department along with the certified copy of this

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order.

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With above observations and directions, the instant writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Smtl Lili Dutta v. the State of Assam and 5 Ors.

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Smtl Lili Dutta v. the State of Assam and 5 Ors.

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