Gauhati High Court
Misanjit Basumatary And 2 Ors vs The State Of Assam And 2 Ors on 10 February, 2020
Author: Prasanta Kumar Deka
Bench: Prasanta Kumar Deka
Page No.# 1/4
GAHC010313632019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 664/2020
1:MISANJIT BASUMATARY AND 2 ORS.
S/O- LATE BIRENDRA BASUMATARY @ BUTALENGA AND POWDURE
BASUMATARY, R/O- VILL.- DIDWNGURI (SHANTIPARA), P.S. RUNIKHATA,
DIST.- CHIRANG, BTAD, ASSAM, PIN- 783375.
2: MISS KABINA BASUMATARY
D/O- LATE BIRENDRA BASUMATARY @ BUTALENGA AND POWDURE
BASUMATARY
R/O- VILL.- DIDWNGURI (SHANTIPARA)
P.S. RUNIKHATA
DIST.- CHIRANG
BTAD
ASSAM
PIN- 783375.
3: MILAN BASUMATARY
(THE PETITIONER NO. 2 AND 3 ARE THE MINORS AND REP. BY THE
PETITIONER NO. 1.) S/O- LATE BIRENDRA BASUMATARY @ BUTALENGA
AND POWDURE BASUMATARY
R/O- VILL.- DIDWNGURI (SHANTIPARA)
P.S. RUNIKHATA
DIST.- CHIRANG
BTAD
ASSAM
PIN- 783375
VERSUS
1:THE STATE OF ASSAM AND 2 ORS
THROUGH THE SECRETARY TO THE GOVT. OF ASSAM, REVENUE,
DISASTER MANAGEMENT AND RELIEF AND REHABILITATION
DEPARTMENT, DISPUR, GUWAHATI- 781006.
Page No.# 2/4
2:THE DEPUTY COMMISSIONER
CHIRANG
KAJALGAON
DIST.- CHIRANG
BTAD
ASSAM
PIN- 783385.
3:THE SUPERINTENDENT OF POLICE
CHIRANG
KAJALGAON
DIST.- CHIRANG
BTAD
ASSAM
PIN- 783385
Advocate for the Petitioner : MR. S C BISWAS
Advocate for the Respondent : SC, REVENUE
BEFORE
THE HON'BLE MR. JUSTICE PRASANTA KUMAR DEKA
ORDER
10.02.2020 Heard A. Bora, the learned counsel for the petitioner. Also heard Ms. D. D. Barman, the learned Additional Senior Government Advocate, Assam for the respondent Nos. 2 and 3 and Mr. P. S. Deka, the learned Standing Counsel, Revenue Department, Assam for the respondent No. 1.
The claim made in this writ petition is the compensation due under the Ex-gratia payment as per the Notification dated 22.06.2004 and 06.12.2014. The petitioner's mother namely Late Powdure Basumatary at Village Didwnguri (Shantipara), District- Chirang, BTAD, Assam was killed by extremist on 17.08.2016. The learned counsel for the petitioner submits that a police enquiry was conducted by the local police and upon enquiry by the Investigating Officer, it was found that the mother of the petitioners' was killed by the Bodo extremists and Page No.# 3/4 in this regard, the Superintendent of Police, Chirang, Kajalgaon, District Chirang, BTAD, Assam submitted the police enquiry report before the Additional Deputy Commissioner, Chirang on 17.01.2017 and on the basis of the said report, the Deputy Commissioner, Chirang, BTAD, Assam vide order dated 29.04.2017 sanctioned an amount of Rs.5,00,000/- (five lakhs) as ex-gratia grant in favour of the petitioners' on account of killing of his mother by the extremist but the same has not yet been paid to the petitioners in spite of repeated approach before the concerned authority and as such the petitioners filed this writ petition with a prayer to pay the Ex-gratia amount of Rs. 5.00 Lakhs (five lakhs) against the deceased person as per Notification dated 22.06.2004 and 06.12.2014.
The Ex-gratia grant sanction order dated 29.04.2017 passed by the Deputy Commissioner, Chirang District, BTAD in favour of the petitioners against the deceased mother is reproduced herein below:-
"GOVT. OF ASSAM OFFICE OF THE DEPUTY COMMISISONER.
CHIRANG DISTRICT::: KAJALGAON ORDER Perused the Police Enquiry Report submitted by the Superintendent of Police, Chirang and P.M. report submit by the Joint Director of Health Services, Chirang to respect of killing of late Powdur Basumatary, wife of Late Birendra Basumatary of Village Didwnguri (Shantipara), P.S. Runikhata in Chirang district who was killed by Extremists on 17.08.2016 as 11:00 P.M. The undersigned is pleased to sanctioned an amount of Rs. 5,00,000/- (Rupees five lakhs) only being the ex-gratia grant in favour of (1) Sri Misonjit Basumatary, aged 18 years, son, (2) Miss Kabina Basumatary, age 15 years, daughter, (3) Sri Milan Basumatary, age 11 years, son, NOKs of the deceased.
The expenditure is debitable to the Head of Accounts "2235- Social Secretary and Welfare -01 Rehabilitation-202-other Rehabilitation Scheme-933-Relief and Rehabilitation for disturbance Relief-000- 32-Grant-in-Aid General (Non Salary)-01 Normal Non Plan" during the current year budget-2017-2018.
The disturbance will be made to the NOK of the deceased after observing all formalities to fund sanction by the Government of Assam, Revenue and D.M. Department, Relief and Rehabilitation Branch is due course.
Page No.# 4/4 The sanction is issued as per special Power Delegated to the Deputy Commissioner vide No. FEF-330/2014/1 (B/S) dated 06.12.2014.
Sd/ Illegible Deputy Commissioner Chirang".
As the sanction was issued as per the special power delegated to the Deputy Commissioner, as per the referred Notification dated 06.12.2014 in the aforesaid order and that too on the basis of the police report more specifically the one dated 17.01.2019 of the Superintendent of Police, Chirang District, BTAD, in my considered opinion, this writ petition can be disposed of which I accordingly do, directing the respondents more specifically the respondent No. 1 to take necessary steps for release of the amount already sanctioned as per sanction order dated 29.04.2019 an amount of Rs. 5,00,000/- (Five Lakhs) subject to proper verification and if the petitioner is found entitled, the same be released within a period of 30 days from the date of confirmation of the entitlement after due enquiry.
With the said observations, this writ petition is disposed of.
JUDGE Comparing Assistant