Gauhati High Court
Khagen Das @ Khagendra Das vs The State Of Assam Rep. By The Chief ... on 28 February, 2019
Author: Arup Kumar Goswami
Bench: Arup Kumar Goswami
Page No.# 1/4
GAHC010124492017
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) No.1667/2017
1:KHAGEN DAS @ KHAGENDRA DAS
S/O LT. NARAKANTA DAS F/O LT. JATIN DAS
VILL- SONAFULI CIRCLE- JALAH P.S. SALBARI DIST. BAKSA BTAD
ASSAM PIN - 781318.
2: SMTI BELAI SWARGIARY
W/O LT. DAUKHA SWARGIARY
VILL- DHEKIAJANI DOLEPARA P.O. BILASHIPARA
P.S. SALBARI CIRCLE- JALAH DIST. BAKSA BTAD ASSAM PIN - 781315.
3: SMTI. ROHILA SWARGIARY @ RAMILA SWARGIARY
W/O LT. BIREN SWARGIARY VILL- DHEKIAJANI P.O. BILASHIPARA P.S.
SALBARI CIRCLE- JALAH DIST. BAKSA BTAD ASSAM PIN - 781315
4: SMTI. KHANIMA SWARGIARY @ KANIMA SWARGIARY
W/O LT. BIREN SWARGIARY VILL- DHEKIAJANI P.O. BILASHIPARA P.S.
SALBARI CIRCLE- JALAH DIST. BAKSA BTAD ASSAM PIN- 781315
5: KHABERI NESSA
W/O LT. A. KHALEK MOTHER OF LT. JIAUL HOQUE VILL- GOBARDHANA
P.S. GOBARDHANA DIST. BAKSA BTAD ASSAM PIN - 781315
VERSUS
1:THE STATE OF ASSAM REP. BY THE CHIEF SECRETARY TO THE GOVT. OF
ASSAM DISPUR GUWAHATI -6
2:THE COMMISSIONER and SECRETARY TO THE
GOVT. OF ASSAM RELIEF and REHABILITATION DEPARTMENT
DISPUR GUWAHATI - 6.
3:THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM
PERSONNEL B DEPARTMENT DISPUR GUWAHATI -6.
4:THE COMMISSIONER and SECRETARY TO THE
GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI -6.
Page No.# 2/4
5:THE DEPUTY COMMISSIONER
BARPETA ASSAM P.O. and P.S. BARPETA PIN - 781316
6:THE DEPUTY COMMISSIONER
BAKSA BTAD ASSAM P.O. MUSALPUR P.S. MUSALPUR PIN - 781372
7:THE CIRCLE OFFICER
JALAH REVENUE CIRCLE JALAGHAT
P.O. JALAGHAT P.S. SIMLA DIST. BAKSA ASSAM PIN - 781328
Advocate for the Petitioner : MR.A RASHID
Advocate for the Respondent : GA ASSAMR1-3 5-7
BEFORE
HONOURABLE MR. JUSTICE ARUP KUMAR GOSWAMI
ORDER
Date : 28-02-2019 Heard Mr. M. Hussain, learned counsel for the petitioners. Also heard Mr. R. Dhar, learned State counsel, appearing for the respondent Nos.1, 3, 5, 6 & 7, Mr. P.S. Deka, learned standing counsel, Relief & Rehabilitation Department, appearing for the respondent No.2 and Mr. B. Gogoi, learned standing counsel, Finance Department, appearing for the respondent No.4.
The learned counsel appearing for the parties submit that this writ petition can be disposed of in terms of the order dated 04.10.2016 passed in WP(C) No.5303/2016.
The present petitioners have approached this Court praying for a direction to the respondents to pay the remaining part of the ex gratia amount, which they claim to be entitled to as compensation on account of the persons killed by extremists.
Mr. Hussain, learned counsel for the petitioners submits that the petitioners or their predecessor-in-interests or relatives were paid ` 1 Lakh on account of their kith and kin having been killed by extremists.
Reliance is placed on the Office Memorandum dated 29.07.2013 to contend that in terms of Clause V of the said Office Memorandum, the petitioners are entitled to receive ` 3 Lakh and as ` 1 Lakh had already been paid earlier either to the petitioners or their predecessor-in-interests or relatives, they would now be entitled to a further sum of ` 2 Lakhs.
Similar contentions were advanced in WP(C) No.5303/2016, which was disposed of by an order dated 04.10.2016. Relevant portion of the said order reads as follows:-
Page No.# 3/4 "Learned counsel for the respondents submit that if the petitioners or their predecessor-in-interest or relatives were paid Rs.1,00,000/-, a further sum of Rs.2,00,000/-, on account of death of their relatives in extremist violence, would be payable. They, however, submit that the respondents will have to make necessary verification as to the claim of the petitioners made herein and also to receive further amount of Rs.2,00,000/- as compensation. It is submitted that the Deputy Commissioner, Chirang, should be directed to make an enquiry with regard to the claim of the petitioners within a time-bound period as may be considered appropriate by this Court and, thereafter, to forward the proposal to the respondent No.2. They submit that if a favourable proposal is submitted, the respondent No.2 will make further payment of Rs.2,00,000/- to the persons entitled to receive the amount within three months.
Accordingly, this writ petition is disposed of directing the Deputy Commissioner, Chirang, to make necessary enquiry with regard to the claim of the petitioners and, after due verification, submit a proposal to the respondent No.2 commenting on the entitlement of the petitioners within 2(two) months from the date of receipt of a certified copy of this order. On receipt of a proposal recommending ex-gratia, the respondents and, more particularly, the respondent No.2, will take appropriate steps so that the balance amount of Rs.2,00,000/- is released to such persons who are found entitled to such amount within a period of 3(three) months from the date of receipt of proposal.
The writ petition stands disposed of with the aforesaid directions and observations."
Accordingly, as the learned counsel appearing for the parties are in agreement that the above order will cover the instant writ petition, the writ petition is disposed of directing the Deputy Commissioner, Baksa to make necessary enquiry with regard to the claim of the petitioners and, after due verification, submit a proposal to the respondent No.2 commenting on the entitlement of the petitioners within 2(two) months from the date of receipt of a certified copy of this order. On receipt of a proposal recommending ex-gratia, the respondents and, more particularly, the respondent No.2, will take appropriate steps so that Page No.# 4/4 the balance amount of ` 2 Lakhs is released to such persons, who are found entitled to such amount, within a period of 3(three) months from the date of receipt of proposal.
With the above observations and directions, the writ petition stands disposed of. No cost.
Sd/-
JUDGE M. Sharma Comparing Assistant