Dismissed¶26

Emal Hembrom and 4 Ors. v. the State of Assam and 6 Ors.

Gauhati HC4 May 2026WP(C)/5845/2016

Case brief

AI extract

What is this about?

Ex gratia enhancement claim by kin of deceased extremist-violence victims; Dhubri/Kokrajhar (Bagribari circle); requirement to apply through proper channel via District Commissioner under Office Memorandum/Policy of Relief and Rehabilitation Deptt.; dismissal for non-prosecution due to petitioner absence; Gauhati High Court; WP(C)/5845/2016; order dated 05-05-2026; Justice Kardak Ete.

What did the court decide?

The writ petition is dismissed for non-prosecution, as none appeared for the petitioners on call and there was no representation indicating they remained interested in pursuing the petition. ¶26

Emal Hembrom and 4 Ors. Vs the State of Assam and 6 Ors. — Gauhati HC (2026) — LawSathi Research

Page No.# 1/4

GAHC010118852016

2026:GAU-AS:6090

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

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Case No. : WP(C)/5845/2016

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EMAL HEMBROM and 4 ORS VILL. JIADANGA/PALASHGURI, P.S. TAMARHAT, CIRCLE- BAGRIBARI, DIST. KOKRAJHAR, ASSAM.

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2: SAMUEL HEMBROM VILL. JIADANGA P.S. TAMARHAT CIRCLE- BAGRIBARI DIST. KOKRAJHAR ASSAM. 3: MONI SOREN D/O. LT. SOMAI SOREN VILL. PONORGAON P.O. BASHBARI P.S. GAURIPUR DIST. DHUBRI ASSAM. 4: BAHA MANI MURMU W/O. LT. RAMU TUDU VILL. TUNGSHI RELIEF CAMP CIRCLE- BAGRIBARI P.S. DHUBRI DIST. DHUBRI ASSAM.

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5: SUSHILA HEMBROM

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S/O. LT. LASER MURMU VILL. TUNGSHI RELIEF CAMP CIRCLE- BAGRIBARI P.S. DHUBRI DIST. DHUBRI ASSAM

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Page No.# 2/4

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VERSUS

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THE STATE OF ASSAM AND 6 ORS REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GHY.06. 2:THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM RELIEF AND REHABILITATION DEPTT. DISPUR GHY.-06. 3:THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM PERSONNEL-B DEPTT. DISPUR GHY.-06. 4:THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GHY.-06. 5:THE JOINT SECRETARY TO THE GOVT. OF ASSAM REVENUE AND SISASTER MANAGEMENT DEPTT. RELIEF AND REHABILITATION BRANCH DISPUR GHY.-06. 6:THE DY. COMMISSIONER DHUBRI DIST. DHUBRI ASSAM. 7:THE CIRCLE OFFICER BAGRIBARI REVENUE CIRCLE BAGRIBARI DIST. DHUBRI ASSAM

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Advocate for the Petitioner : MRS.H KALITA, MR.R K MALAKAR,MSK R SANKAR

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Advocate for the Respondent : GA, ASSAM, MR.A THAKUR(PERSONNEL-B),SC, FINANCE

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BEFORE HONOURABLE MR. JUSTICE KARDAK ETE

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ORDER

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Date : 05-05-2026

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None appears for the petitioner on call.

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Mr. H. K. Hazarika, learned State Counsel, and Ms. G. Hazarika, learned Standing Counsel, Revenue Department, for respondent Nos. 2 & 5, are present.

¶21

The petitioners, being the next of kin of the deceased person allegedly killed by extremists, were granted ex gratia of Rs. 1,00,000/- each. The claim of the petitioners in the present writ petition is for enhancement of the said amount to Rs. 3,00,000/- each in terms of a subsequent Office Memorandum, thereby seeking an additional amount of Rs. 2,00,000/- each.

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The State respondents, by filing their affidavit, have categorically stated that for enhancement of ex gratia as per the relevant Office Memorandum/Policy, the claim has to be applied through proper channel, i.e. through the District Commissioner, who would verify such claim and forward the same to the Government for grant of ex gratia. However, no such proposal/ claim has been received by the State as on date.

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Upon consideration of the matter, it appears that the petitioners have not applied for the additional ex gratia through proper channel as required under

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the Policy. At the same time, there is no representation on behalf of the petitioners which indicates that they are no longer interested to pursue this writ petition.

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Accordingly, writ petition stands dismissed for non-prosecution.

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JUDGE

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Comparing Assistant

Emal Hembrom and 4 Ors. v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

Emal Hembrom and 4 Ors. v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

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