Gauhati High Court
Smti Dipali Daimari vs The State Of Assam And 6 Ors on 12 March, 2020
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/46
GAHC010313522019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 9505/2019
1:SMTI DIPALI DAIMARI
W/O. LT. RABEN DAIMARI, VILL. MAHINA BUNBARI, P.S. GHOGRAPAR,
DIST. NALBARI, ASSAM.
VERSUS
1:THE STATE OF ASSAM AND 6 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, REVENUE AND
DISASTER MANAGEMENT (RELIEF AND REHABILITATION) DEPTT.,
DISPUR, GUWAHATI-06.
2:THE SECRETARY TO THE GOVT. OF ASSAM
REVENUE AND DISASTER MANAGEMENT (RELIEF AND
REHABILITATION) DEPTT.
DISPUR
GUWAHATI-06.
3:THE COMM. AND SECY. TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GUWAHATI-781006.
4:THE DY. COMMISSIONER
NALBARI
DIST. NALBARI
ASSAM.
5:THE DY. COMMISSIONER
BAKSA
P.O. AND P.S. MUSULPUR
DIST. BAKSHA
Page No.# 2/46
BTAD.
6:THE SUPDT. OF POLICE
BAKSA
P.O. AND P.S. MUSULPUR
DIST. BAKSHA
BTAD.
7:THE CIRCLE OFFICER OF GHOGRAPAR REVENUE CIRCLE
P.O. AND P.S. GHOGRAPAR
DIST. NALBARI
ASSAM
Advocate for the Petitioner : MR I HAQUE
Advocate for the Respondent : GA, ASSAM
Linked Case : WP(C) 1041/2020
1:MATIYAR RAHMAN
S/O- LT. HANIF ALI
VILL. BIDYARDABRI PT-II
P.O. BIDYARDABRI
P.S. GOLAKGANJ
DIST.- DHUBRI
ASSAM. PIN- 783335.
VERSUS
1:THE STATE OF ASSAM AND 6 ORS.
REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM
DISPUR
GHY.-06.
2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM
REVENUE ( RELIEF AND REHABILITATION) AND DISASTER
MANAGEMENT DEPTT.
DISPUR
GHY.- 06.
Page No.# 3/46
3:THE COMM. AND SECY. TO THE GOVT. OF ASSAM
FINANCE DEPTT
DISPUR
GHY.-06.
4:THE DY. COMMISSIONER
DHUBRI
ASSAM
P.O.
P.S. AND DIST.- DHUBRI
ASSAM. PIN- 781301.
5:THE CIRCLE OFFICER
AGOMONI REVENUE CIRCLE
P.O. AND P.S. AGOMONI
DIST.- DHUBRI
ASSAM
PIN- 783345.
6:THE SUPDT. OF POLICE
DHUBRI
ASSAM
P.O.
P.S. AND DIST.- DHUBRI
ASSAM
PIN- 783301.
7:THE OFFICER-IN-CHARGE
GOLAKGANJ POLICE STATION
PO.- GOLAKGANJ
DIST.- DHUBRI
ASSAM
PIN- 783345.
Advocate for the Petitioner : MR. M HUSSAIN
Advocate for the Respondent : SC
REVENUE
Linked Case : WP(C) 1144/2020
1:KIRAN KAKATI
W/O. LT. BASANTA KAKATI
VILL. SESSAMUKH
P.. AND P.S. HAJO
DIST. KAMRUP
ASSAM
Page No.# 4/46
PIN-781104.
VERSUS
1:THE STATE OF ASSAM AND 6 ORS.
REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM
DISPUR
GUWAHATI-781006.
2:THE COMMISSIONER AND SECY.
TO THE GOVT. OF ASSAM
REVENUE (RELIEF AND REHABILITATION) AND DISASTER MANAGEMENT
DEPTT.
DISPUR
GUWAHATI-781006.
3:THE COMMISSIONER AND SECY.
TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GUWAHATI-06.
4:THE COMMISSIONER
AMINGAON
KAMRUP
P.O. AMINGAON
DIST. KAMRUP (R)
PIN-781031.
5:THE CIRCLE OFFICER
HAJO REVENUE CIRCLE
P.O. HAJO
DIST. KAMRUP (R)
ASSAM
PIN-783102.
6:THE SUPDT. OF POLICE
KAMRUP
AMINGAON
P.O. AMINGAON
DIST. KAMRUP (R)
PIN-781031.
7:THE OFFICER IN CHARGE
HAJO POLICE STATION
P.O. HAJO
DIST. KAMRUP (R)
Page No.# 5/46
ASSAM
PIN-781102.
Advocate for the Petitioner : MR. A ROSHID
Advocate for the Respondent : SC
REVENUE
Linked Case : WP(C) 821/2020
1:HENORIN MARAK AND ANR.
W/O. LT. BEL BRETH SANGMA @ WEL BRETH MARAK
VILL. HARIGHOLA
P.O. SILGARA
P.S. KOKRAJHAR
DIST. KOKRAJHAR
BTAD
ASSAM
PIN-783370.
2: BIPUL GAYARY
S/O. LT. BHABENDRA GOYARY
VILL. BETHAGAON
P.O. SILGARA
P.S. KOKRAJHAR
DIST. KOKRAJHAR
BTAD
ASSAM
PIN-783370.
VERSUS
1:THE STATE OF ASSAM AND 6 ORS.
REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM
DISPUR
GUWAHATI-06.
2:THE COMMISSIONER AND SECY.
TO THE GOVT. OF ASSAM
REVENUE (RELIEF AND REHABILITATION) AND DISASTER MANAGEMENT
DEPTT.
DISPUR
GUWAHATI-06.
3:THE COMMISSIONER AND SECY.
TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
Page No.# 6/46
GUWAHATI-06.
4:THE DY. COMMISSIONER
DHUBRI
ASSAM
P.O. AND P.S. AND DIST. DHUBRI
ASSAM
PIN-781301.
5:THE CIRCLE OFFICER
KOKRAJHAR REVENUE CIRCLE
P.O. AND P.S. KOKRAJHAR
DIST. KOKRAJHAR
BTAD
ASSAM
PIN-783370.
6:THE SUPDT. OF POLICE
DHUBRI
ASSAM
P.O. AND P.S. AND DIST. DHUBRI
ASSAM
PIN-781301.
7:THE OFFICER IN CHARGE
CHAPAR POLICE STATION
P.O. CHAPAR
DIST. DHUBRI
ASSAM
PIN-783371.
Advocate for the Petitioner : MR. M HUSSAIN
Advocate for the Respondent : GA
ASSAM
Linked Case : WP(C) 1140/2020
1:DHARMESWARI KALITA
W/O LALMOHAN KALITA
VILL-SHATABARI
P.O.-BIRPARA
P.S.-BOKO
DIST-KAMRUP (R)
ASSAM
PIN-781123
Page No.# 7/46
VERSUS
1:THE STATE OF ASSAM AND 6 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM
REVENUE (R AND R) AND DISASTER MANAGEMENT DEPARTMENT
DISPUR
GUWAHATI-781006
2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-781006
3:THE DPEUTY COMMISSIONER
KAMRUP
AMINGAON
ASSAM
PIN-781031
4:THE SUPERINTENDENT OF POLICE
KAMRUP
AMINGAON
ASSAM
PIN-781031
5:THE CIRCLE OFFICER
BOKO REVENUE CIRCLE
P.O. AND P.S.-BOKO
DIST-KAMRUP
ASSAM
PIN-781123
6:THE CIRCLE OFFICER
CHHAYGAON REVENUE CIRCLE
P.O. AND P.S.-CHHAYGAON
DIST-KAMRUP
ASSAM
PIN-781124
7:THE OFFICER-IN-CHARGE
CHHAYGAON POLICE STATION
CHHAYGAON
KAMRUP
ASSAM
PIN-781124
Page No.# 8/46
Advocate for the Petitioner : MR. A MOBARAQUE
Advocate for the Respondent : GA
ASSAM
Linked Case : WP(C) 1146/2020
1:SURUS BANO
W/O. LT. HASEN ALI
VILL. TULSIBARI
P.S. RANGIA
DIST. KAMRUP
ASSAM
PIN-781376.
VERSUS
1:THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
REVENUE (RELIEF AND REHABILITATION) AND DISASTER MANAGEMENT
DEPTT.
DISPUR
GUWAHATI-06.
2:THE COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GUWAHATI-06.
3:THE DY. COMMISSIONER
KAMRUP
PIN-781031.
4:THE CIRCLE OFFICER
RANGIA REVENUE CIRCLE
P.S. RANGIA
DIST. KAMRUP
PIN-781354.
5:THE SUPDT. OF POLICE
KAMRUP
PIN-781031.
6:THE OFFICER IN CHARGE
Page No.# 9/46
RANGIA POLICE STATION
DIST. KAMRUP
PIN-782376.
Advocate for the Petitioner : MR. A ROSHID
Advocate for the Respondent : SC
REVENUE
Linked Case : WP(C) 1151/2020
1:ANOWARA BIBI AND ANR.
W/O. LT. RUHUL AMIN SIKDAR
VILL. KAIMARI PART-II
P.O. KAIMARI
P.S. GOLAKGANJ
DIST. DHUBRI
ASSAM
PIN-783345.
2: SAHID ALI @ SHOHID ALI SK
S/O. LT. JINNAT ALI
VILL. KAIMARI PART-V
P.O. KAIMARI
P.S. GOLAKGANJ
DIST. DHUBRI
ASSAM
PIN-783345.
VERSUS
1:THE STATE OF ASSAM AND 6 ORS.
REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM
DISPUR
GUWAHATI-06.
2:THE COMMISSIONER AND SECY.
TO THE GOVT. OF ASSAM
REVENUE (RELIEF AND REHABILITATION) AND DISASTER MANAGEMENT
DEPTT.
DISPUR
GUWAHATI-06.
3:THE COMMISSIONER AND SECY.
TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
Page No.# 10/46
GUWAHATI-06.
4:THE DY. COMMISSIONER
DHUBRI
ASSAM
P.O. AND P.S. AND DIST. DHUBRI
ASSAM
PIN-781301.
5:THE CIRCLE OFFICER
AGOMONI REVENUE CIRCLE
P.O. AND P.S. AGOMONI
DIST. DHUBRI
ASSAM
PIN-783345.
6:THE SUPDT. OF POLICE
DHUBRI
ASSAM
P.O. AND P.S. AND DIST. DHUBRI
ASSAM
PIN-783301.
7:THE OFFICER IN CHARGE
BILASIPARA POLICE STATION
P.O. BILASIPARA
DIST. DHUBRI
ASSAM
PIN-783348.
Advocate for the Petitioner : MR. M HUSSAIN
Advocate for the Respondent : SC
REVENUE
Linked Case : WP(C) 1437/2020
1:PURABI RABHA
W/O- LATE RUPAM RABHA
VILL.- MOUMAN
P.O. AND P.S. BOKO
DIST.- KAMRUP(R)
ASSAM
PIN- 781123.
VERSUS
Page No.# 11/46
1:THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
REVENUE (R AND R) AND DISASTER MANAGEMENT DEPARTMENT
DISPUR
GUWAHATI- 781006.
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI- 781006.
3:THE DEPUTY COMMISSIONER
KAMRUP
AMINGAON
ASSAM
PIN- 781031.
4:THE SUPERINTENDENT OF POLICE
KAMRUP
AMINGAON
ASSAM
PIN- 781031.
5:THE CIRCLE OFFICER
BOKO REVENUE CIRCLE
P.O. AND P.S. BOKO
DIST.- KAMRUP
ASSAM
PIN- 781123.
6:THE OFFICER-IN-CHARGE
BOKO POLICE STATION
BOKO
KAMRUP
ASSAM
PIN- 781123.
Advocate for the Petitioner : MR. A MOBARAQUE
Advocate for the Respondent : SC
REVENUE
Linked Case : WP(C) 1445/2020
1:AYESHA BEGUM
W/O- LT. YAKUB HUSSAIN
Page No.# 12/46
VILL- HELACHA
P.O. HELACHA
P.S. HAJO
DIST.- KAMRUP
ASSAM
PIN- 781382
VERSUS
1:THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
REVENUE (R AND R) AND DISASTER MANAGEMENT DEPTT.
DISPUR
GHY-6
2:THE DY. COMMISSIONER
KAMRUP
AMINGAON
ASSAM
PIN- 781031
3:THE COMMISSIONER OF POLICE
GUWAHATI CITY
PANBAZAR
GHY-01
4:THE OFFICER-IN-CHARGE
JALUKBARI P.S.
JALIKBARI
KAMRUP (M)
ASSAM
GHY-14
5:THE CIRCLE OFFICER
HAJO REVENUE CIRCLE
HAJO
KAMRUP
ASSAM
PIN- 781382
Advocate for the Petitioner : MD H R AHMED
Advocate for the Respondent : GA
ASSAM (R2TO5)
Linked Case : WP(C) 823/2020
Page No.# 13/46
1:RASIDA BIBI
W/O. AIJAL SHEIKH
VILL. KHARIDA GOSSAIGAON
P.O. CHAPAR
P.S. CHAPAR
DIST. DHUBRI
ASSAM
PIN-783371.
VERSUS
1:THE STATE OF ASSAM AND 6 ORS.
REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM
DISPUR
GUWAHATI-06.
2:THE COMMISSIONER AND SECY.
TO THE GOVT. OF ASSAM
REVENUE (RELIEF AND REHABILITATION) AND DISASTER MANAGEMENT
DEPTT.
DISPUR
GUWAHATI-06.
3:THE COMMISSIONER AND SECY.
TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GUWAHATI-06.
4:THE DY. COMMISSIONER
DHUBRI
ASSAM
P.O. AND P.S. AND DIST. DHUBRI
ASSAM
PIN-783301.
5:THE CIRCLE OFFICER
CHAPAR REVENUE CIRCLE
P.O. AND P.S. CHAPAR
DIST. DHUBRI
ASSAM
PIN-783371.
6:THE SUPDT. OF POLICE
DHUBRI
ASSAM
Page No.# 14/46
P.O. AND P.S. AND DIST. DHUBRI
ASSAM
PIN-783301.
7:THE OFFICER IN CHARGE
CHAPAR POLICE STATION
P.O. CHAPAR
DIST. DHUBRI
ASSAM
PIN-783371.
Advocate for the Petitioner : MR. M HUSSAIN
Advocate for the Respondent : GA
ASSAM
Linked Case : WP(C) 1442/2020
1:JAYANTA KALITA
S/O- LATE BALIRAM KALITA
VILL.- SUNDURISAL
P.O. BAIHATA
P.S. KAMALPUR
DIST.- KAMRUP
ASSAM
PIN- 781380.
VERSUS
1:THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
REVENUE (R AND R) AND DISASTER MANAGEMENT DEPARTMENT
DISPUR
GUWAHATI-6.
2:THE DEPUTY COMMISSIONER
KAMRUP
AMINGAON
ASSAM
PIN- 781031.
3:THE SUPERINTENDENT OF POLICE
KAMRUP
AMINGAON
ASSAM
PIN- 781031.
Page No.# 15/46
4:THE OFFICER-IN-CHARGE
KAMALPUR POLICE STATION
KAMALPUR
KAMRUP
ASSAM
PIN- 781307.
5:THE CIRCLE OFFICER
KAMALPUR REVENUE CIRCLE
KAMALPUR
ASSAM
PIN- 781307.
Advocate for the Petitioner : MD H R AHMED
Advocate for the Respondent : GA
ASSAM
Linked Case : WP(C) 1068/2020
1:BHANU BASUMATARY
W/O- LATE SIDDHESHWAR BASUMATARY
VILL. NO. 2 DAKSHIN SEKHADARI (KUKURMARA)
P.O. RAJAPARAPARA
P.S. BOKO
DIST.- KAMRUP(R)
ASSAM
PIN- 781134.
VERSUS
1:THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
REVENUE (R AND R) AND DISASTER MANAGEMENT DEPARTMENT
DISPUR
GUWAHATI-781006.
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-781006.
3:THE DEPUTY COMMISSIONER
KAMRUP
AMINGAON
Page No.# 16/46
ASSAM
PIN- 781031.
4:THE SUPERINTENDENT OF POLICE
KAMRUP
AMINGAON
ASSAM
PIN- 781031.
5:THE CIRCLE OFFICER
BOKO REVENUE CIRCLE
P.S. AND P.O. BOKO
DIST.- KAMRUP
ASSAM
PIN- 781123.
6:THE OFFICER-IN-CHARGE
BOKO POLICE STATION
BOKO
KAMRUP
ASSAM
PIN- 781123.
Advocate for the Petitioner : MR. A MOBARAQUE
Advocate for the Respondent : SC
REVENUE
Linked Case : WP(C) 1028/2020
1:MANIK RABHA AND 3 ORS.
S/O- LT. LANKESWAR RABHA
VILL. BHEHUWA
P.O. BHALUKGHATA
P.S. BOKO
DIST.- KAMRUP
ASSAM
PIN- 781123.
2: PAITI RABHA
S/O- LT. KAMINI RABHA
VILL. TINIGHARIA
P.O. AND P.S. BOKO
DIST.- KAMRUP
ASSAM
PIN- 781123.
Page No.# 17/46
3: PUBA RAM RABHA
S/O- LT. CHANDI RABHA
VILL. TINIGHARIA
P.O. AND P.S. BOKO
DIST.- KAMRUP
ASSAM
PIN- 781123.
4: PATALI RABHA
S/O LT. KHAGEN RABHA
VILL. TINIGHARIA
P.O. AND P.S. BOKO
DIST.- KAMRUP
ASSAM
PIN- 781123.
VERSUS
1:THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
REVENUE ( R AND R) AND DISASTER MANAGEMENT DEPTT.
DISPUR
GHY.-06.
2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GHY.-06.
3:THE DY. COMMISSIONER
KAMRUP
AMINGAON
ASSAM
PIN- 781031.
4:THE SUPDT. OF POLICE
KAMRUP
AMINGAON
ASSAM
PIN- 781031
5:THE CIRCLE OFFICER
BOKO REVENUE CIRCLE
P.O. AND P.S. BOKO
DIST.- KAMRUP
ASSAM
PIN- 781123.
6:THE OFFICER-IN-CHARGE
Page No.# 18/46
BOKO POLICE STATION
BOKO
KAMRUP
ASSAM
PIN- 781123.
Advocate for the Petitioner : MR. A MOBARAQUE
Advocate for the Respondent : SC
REVENUE
Linked Case : WP(C) 1080/2020
1:BABU RABHA
S/O. LT. BADEL RABHA AND SONASWARI (MOTHER)
VILL. NO.2 SHAKHATI
P.O. BONDAPARA
P.S. BOKO
DIST. KAMRUP
ASSAM
PIN-781123.
VERSUS
1:THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
REVENUE (R AND R) AND DISASTER MANAGEMENT DEPTT.
DISPUR
GUWAHATI-781006.
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GUWAHATI-781006.
3:THE DY. COMMISSIONER
KAMRUP
AMINGAON
ASSAM
PIN-781031.
4:THE SUPDT. OF POLICE
KAMRUP
AMINGAON
ASSAM
PIN-781031.
Page No.# 19/46
5:THE CIRCLE OFFICER
BOKO REVENUE CIRCLE
P.O. AND P.S. BOKO
DIST. KAMRUP
ASSAM
PIN-781123.
6:THE OFFICER IN CHARGE
BOKO POLICE STATION
BOKO
KAMRUP
ASSAM
PIN-781123.
Advocate for the Petitioner : MR. A MOBARAQUE
Advocate for the Respondent : SC
REVENUE
Linked Case : WP(C) 1439/2020
1:JOYNA KHATUN
W/O. LT. MD. ALI AKBAR MOLLAH
VILL. PIYASHBARI PART-I
P.O. MAKRIJHORA
P.S. GAURIPUR
DIST. DHUBRI
ASSAM
PIN-783349.
VERSUS
1:THE STATE OF ASSAM AND 8 ORS.
REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM
DISPUR
GUWAHATI-06.
2:THE COMMISSIONER AND SECY.
TO THE GOVT. OF ASSAM
REVENUE (RELIEF AND REHABILITATION) AND DISASTER MANAGEMENT
DEPTT.
DISPUR
GUWAHATI-06.
3:THE COMMISSIONER AND SECRETARY
Page No.# 20/46
TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GUWAHATI-06.
4:THE DY. COMMISSIONER
DHUBRI
ASSAM
P.O. AND P.S. AND DIST. DHUBRI
ASSAM
PIN-783301.
5:THE DY. COMMISSIONER
KOKRAJHAR
ASSAM
P.O.
P.S. AND DIST. KOKRAJHAR
ASSAM
PIN-783370.
6:THE CIRCLE OFFICER
ATHANI REVENUE CIRCLE
P.O. AND P.S. BAGRIBARI
DIST. DHUBRI
ASSAM
PIN-783349.
7:THE SUPDT. OF POLICE
KOKRAJHAR
ASSAM
P.O.
P.S. AND DIST. KOKRAJHAR
ASSAM
PIN-783370.
8:THE OFFICER IN CHARGE
BAGRIBARI POLICE STATION
P.O. BAGRIBARI
DIST. DHUBRI
ASSAM
PIN-783349.
9:THE SUPDT. OF R.N.B. CIVIL HOSPITAL
KOKRAJHAR
P.O. KOKRAJHAR
P.S. AND DIST. KOKRAJHAR
ASSAM
PIN-783370.
Page No.# 21/46
Advocate for the Petitioner : MR. M HUSSAIN
Advocate for the Respondent : GA
ASSAM
Linked Case : WP(C) 1450/2020
1:USHA RABHA @ USHA BALA RABHA
W/O. LT. BICHITRA RABHA
VILL. NO.2 SAKHATI
P.O. BONDAPARA
P.S. BOKO
DIST. KAMRUP (R)
ASSAM
PIN-781135.
VERSUS
1:THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
REVENUE (R AND R) AND DISASTER MANAGEMENT DEPTT.
DISPUR
GUWAHATI-781006.
2:THE COMMISSIONER AND SECY.
TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GUWAHATI-781006.
3:THE DY. COMMISSIONER
KAMRUP
AMINGAON
ASSAM
PIN-781031.
4:THE SUPDT. OF POLICE
KAMRUP
AMINGAON
ASSAM
PIN-781031.
5:THE CIRCLE OFFICER
BOKO REVENUE CIRCLE
P.O. AND P.S. BOKO
Page No.# 22/46
DIST. KAMRUP
ASSAM
PIN-781123.
6:THE OFFICER IN CHARGE
BOKO POLICE STATION
BOKO
KAMRUP
ASSAM
PIN-781123.
Advocate for the Petitioner : MR. A MOBARAQUE
Advocate for the Respondent : SC
REVENUE
Linked Case : WP(C) 506/2020
1:SARASWATI KALITA
W/O- LATE ACHYUT KALITA
VILL- CHAPRA
P.O AND P.S- BARAMA
DIST- BAKSA
ASSAM
PIN- 781346
VERSUS
1:THE STATE OF ASSAM AND 4 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
REVENUE (R AND R) AND DISASTER MANAGEMENT DEPTT
DISPUR
GHY- 06
2:THE DEPUTY COMMISSIONER
BAKSA
MUSHALPUR
ASSAM
PIN- 781343
3:THE SUPERINTENDENT OF POLICE
NALBARI
ASSAM
PIN- 781335
4:THE OFFICER IN CHARGE
Page No.# 23/46
TIHU POLICE STATION
TIHU NALBARI
ASSAM
PIN- 781123
5:THE CIRCLE OFFICER
BARAMA REVENUE CIRCLE
P.O AND P.S- BARAMA
DIST- BAKSA
ASSAM
PIN- 781346
Advocate for the Petitioner : MD H R AHMED
Advocate for the Respondent : SC
REVENUE
Linked Case : WP(C) 676/2020
1:MOFIDA KHATUN
W/O- LATE RUHUL AMIN KHAN
R/O- VILL- BARBALA
P.O- BARBALA
P.S- HOWLY
DIST- BARPETA
ASSAM
PIN- 781316
VERSUS
1:THE STATE OF ASSAM AND 6 ORS
REP. BY THE CHIEF SECRETARY TO THE GOVT OF ASSAM
DISPUR
GHY- 06
2:THE COMMISSIONER AND SECRETARY
TO THE GOVT OF ASSAM
REVENUE (RELIEF AND REHABILITATION) AND DM DEPTT
DISPUR
GUWAHATI- 06
3:THE COMMISSIONER AND SECRETARY
TO THE GOVT OF ASSAM
FINANCE DEPTT
DISPUR
GUWAHATI- 06
Page No.# 24/46
4:THE DEPUTY COMMISSIONER
BARPETA
ASSAM
P.O AND P.S
DIST- BARPETA
ASSAM
PIN- 781301
5:THE CIRCLE OFFICER
BARPETA REVENUE CIRCLE
P.O AND P.S- BARPETA
DIST- BARPETA
ASSAM
PIN- 781301
6:THE SUPERINTENDENT OF POLICE
BARPETA
ASSAM
P.O AND P.S AND DIST- BARPETA
ASSAM
PIN- 781301
7:THE OFFICER IN CHARGE
HOWLY POLICE STATION
P.O- HOWLY
DIST- BARPETA
ASSAM
PIN- 781316
Advocate for the Petitioner : MR. M HUSSAIN
Advocate for the Respondent : SC
REVENUE
Linked Case : WP(C) 1102/2020
1:KAJOL BASFORE
W/O. LT. DHANU BASFORE
R/O. TIHU TOWN
WARD NO.8
P.S. TIHU
DIST. BALBARI
ASSAM
PIN-781371.
Page No.# 25/46
VERSUS
1:THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
REVENUE (RELIEF AND REHABILITATION) AND DISASTER MANAGEMENT
DEPTT.
DISPUR
GUWAHATI-781006.
2:THE COMMISSIONER AND SECY.
TO THE GOVT. OF ASSAM
FINANCE DEPTT. DISPUR
GUWAHATI-06.
3:THE DY. COMMISSIONER
NALBARI
PIN-781335.
4:THE CIRCLE OFFICER
PATHSALA REVENUE CIRCLE
P.S. TIHU
DIST. NALBARI
PIN-781325.
5:THE SUPDT. OF POLICE
NALBARI
PIN-781335.
6:THE OFFICER IN CHARGE
TIHU POLICE STATION
DIST. NALBARI
PIN-781371.
Advocate for the Petitioner : MR. A ROSHID
Advocate for the Respondent : SC
REVENUE
Linked Case : WP(C) 1103/2020
1:DHAN SING DAS
S/O LT. BUTA SINGH DAS
VILL. BAMUNIGAON
P.S.- BOKO
DIST. KAMRUP(R)
ASSAM. PIN- 781123.
Page No.# 26/46
VERSUS
1:THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
REVENUE (R AND R) AND DISASTER MANAGEMENT DEPTT.
DISPUR
GHY.- 781006.
2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GHY.- 781006.
3:THE DY. COMMISSIONER
KAMRUP
AMINGAON
ASSAM
PIN- 781031.
4:THE SUPDT. OF POLICE
KAMRUP
AMINGAON
ASSAM
PIN- 781031.
5:THE CIRCLE OFFICER
CHHAYGAON REVENUE CIRCLE
P.O. AND P.S. CHHAYGAON
DIST.- KAMRUP
ASSAM
PIN- 781128.
6:THE OFFICER-IN-CHARGE
BOKO POLICE STATION
BOKO
KAMRUP
ASSAM
PIN- 781123.
Advocate for the Petitioner : MR. A MOBARAQUE
Advocate for the Respondent : SC
REVENUE
Linked Case : WP(C) 1044/2020
Page No.# 27/46
1:MEHERUN NESSA
W/O- LATE MUNNAF ALI
R/O- RAJAKHAT BANEKUCHI
P.O. BANEKUCHI
P.S. AND DIST.- NALBARI
ASSAM
PIN- 781335.
VERSUS
1:THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
REVENUE (RELIEF AND REHABILITATION) AND DISASTER MANAGEMENT
DEPARTMENT
DISPUR
GUWAHATI-6.
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-6.
3:THE DEPUTY COMMISSIONER
NALBARI
PIN- 781335
4:THE CIRCLE OFFICER
NALBARI REVENUE CIRCLE
P.S. AND DIST.- NALBARI
PIN- 781335.
5:THE SUPERINTENDENT OF POLICE
NALBARI
PIN- 781335.
6:THE OFFICER-IN-CHARGE
NALBARI POLICE STATION
DIST.- NALBARI
PIN- 781335.
Advocate for the Petitioner : MR. A ROSHID
Advocate for the Respondent : SC
REVENUE
Linked Case : WP(C) 1035/2020
Page No.# 28/46
1:AISHA KHATUN
W/O LATE LALMIA ALI
VILL-NO. 1 KANDBARI
P.O.-MUKALMUA
P.S.-MUKALMUA
DIST-NALBARI
PIN-781335
VERSUS
1:THE STATE OF ASSAM AND 5 ORS.
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM
DISPUR
GUWAHATI-6
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
REVENUE (RELIEF AND REHABILITATION) AND DISASTER MANAGEMENT
DEPARTMENT
DISPUR
GUWAHATI-6
3:THE DEPUTY COMMISSIONER
NALBARI
DIST-NALBARI
PIN-781335
4:THE CIRCLE OFFICER
BARKHETRI REVENUE CIRCLE
P.O.-MUKALMUA
DIST-NALBARI
PIN-781126
5:THE SUPERINTENDENT OF POLICE
NALBARI
DIST-NALBARI
PIN-781335
6:THE OFFICER-IN-CHARGE
MUKALMUA POLICE STATION
DIST-NALBARI
PIN-781126
Advocate for the Petitioner : MR. A ROSHID
Advocate for the Respondent : GA
ASSAM
Page No.# 29/46
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 12-03-2020 Heard Mr. I. Haque, Mr. H.R. Ahmed, Mr. M. Hussain, Mr. A. Mubaroque and Mr. A. Roshid, learned counsel for the petitioners. Also heard Mr. B.J. Talukdar, learned Standing counsel, Revenue and Disaster Management Department; Mr. A. Chaliha, learned Standing counsel, Finance Department and Ms. D.D. Barman, learned Additional Senior Government Advocate for the State respondents.
All these writ petitions, 22 in nos., have been preferred raising a similar issue with regard to grant of ex gratia amounts in terms of a notification dated 15.11.2014 of the Revenue and Disaster Management Department (Relief and Rehabilitation Branch), Government of Assam.
Before adverting to the common issue involved in these writ petitions, it is apt to refer to the relevant factual aspects, in brief, projected in these writ petitions as under :
W.P.(C) No. 9505/2019 : It is projected that on 14.04.2018, at about 02-00 a.m., an road traffic accident took place at Village - Bala Bongaon on Dhamdha-Baganpara Road, District - Baksa involving the son of the petitioner viz. Mijinsa Daimary. The accident had occurred when her son was returning home on a motor cycle bearing registration no. AS- 01/DP-4613 as a pillion rider. The accident was stated to have occurred due to rash and negligence act of driving on the part of the rider of the said motor cycle as he failed to control his motor cycle and dashed the motor cycle against the stone of a Martyrs' Memorial located at the spot. As a result, both the rider and the pillion rider sustained grievous injuries on their persons and they were immediately brought to the Nalbari Multispecialty Hospital Private Limited at Nalbari. The son of the petitioner, due to the injuries sustained, breathed his last in the said hospital at about 03-30 a.m. on 15.04.2016. On 16.04.2018, the doctors at Nalbari Multispecialty Hospital Private limited had issued a medical certificate wherein it was mentioned that the death of Mijinsa Daimary was due to injuries sustained in a road traffic Page No.# 30/46 accident with abdominal trauma and head injury. The dead body of Mijinsa Daimary was handed over to the petitioner without conducting post-mortem examination. The petitioner being an illiterate and widowed lady, cremated the body performing religious ceremonies. In respect of the death of the son of the petitioner, a police case being Borbori Police Station Case No. 08/2019 was registered under Sections 279/304A/338, Indian Penal Code (the IPC, for short). Thereafter, the petitioner had submitted a representation dated 15.03.2019 before the respondent Revenue and Disaster Management Department seeking the relief of ex gratia grant in terms of the notification dated 15.11.2014. As no relief has been granted, the petitioner aggrieved thereby, has preferred the writ petition.
W.P.(C) No. 506/2020 : The petitioner herein is mother of one Nibaran Kalita who died in a motor vehicular accident. It is projected that on 15.10.2018, at about 07-45 p.m., when the son of the petitioner and one Mridul Barman were on their way to Barama Kadamtol Chowk from Tihu Chowk on a motor cycle bearing registration no. AS-01/BG-1675, they met with an accident at Nathkuchi area as another vehicle bearing registration no. AS-25/DC- 2227, a Tata AC van, coming at a high speed and in a rash and negligent manner hit the motor cycle from behind. As a result, both the rider and the pillion rider of the motor cycle died instantaneously. The post-mortem examination of the dead body of the son of the petitioner was conducted at Swahid Mukunda Kakoti Civil Hospital, Nalbari. In connection with the said accident, a police case being Tihu Police Station Case No. 182/2018 got registered under Sections 279/304A, IPC against the driver of the vehicle which dashed the motor cycle. Upon investigation, the case had been found to be genuine and accordingly, the Investigating Officer had filed a charge sheet being charge sheet no. 13/2019 on 28.03.2019 against the driver of the offending vehicle bearing registration no. AS-25/DC-2227 finding a prima facie case under Sections 279/304A, IPC. It is stated that the petitioner had approached the office of the concerned Deputy Commissioner, Baksa seeking ex gratia grant in term of the notification dated 15.11.2014. When her prayer was not entertained, she has approached this Court by way of this writ petition seeking a direction for ex gratia grant in terms of the notification dated 15.11.2014.
W.P.(C) No. 676/2020 : The petitioner herein is the wife of one Ruhul Amin Khan, who died on 15.11.2015 leaving behind the petitioner and 2 (two) minor children. It is Page No.# 31/46 averred that on 15.11.2015, at about 03-00 p.m., the petitioner's husband was present on the left side on the PWD road at Village - Jarabari under Howly Police Station. At that time, one vehicle bearing registration no. AS-15/C-3601, a tractor, coming from Jarabari Chariali side towards Barbala at a high and excessive speed, capsized over Ruhul Amin Khan. As a result, Ruhul Amin Khan sustained grievous injuries on his head. Finding his condition serious, he was taken to Fakaruddin Ali Ahmed Medical College & Hospital, Barpeta (FAAMCH) wherein he was declared dead. The post-mortem examination of the deceased was conducted at the FAAMCH where the cause of death was recorded as hemorrhage shock as a result of the injuries sustained by blunt force impact. In connection with the said accident and death of Ruhul Amin Khan, an FIR was lodged on 03.01.2016 before the Officer In-Charge, Howly Police Station and the same was registered as Howly Police Station Case No. 11/2016 under Sections 279/304A, IPC. Due to the sudden death of the husband of the petitioner, the petitioner has claimed to have approached the respondent Deputy Commissioner, Barpeta seeking ex gratia grant for the death of her husband in terms of the notification dated 15.11.2014. When her prayer for ex gratia grant was not entertained, the petitioner has approached this Court seeking a direction for payment of the ex gratia amount in terms of the notification dated 15.11.2014.
W.P.(C) No. 1028/2020 : It is stated that an accident involving a vehicle bearing registration no. AS-25/7547, a mini truck, occurred on 09.05.2017, at about 03-00 a.m., at Lalmati under Boko Police Station. At that time, Chintu Rabha, Robin Rabha, Rune Rabha and Sanjay Rabha as Labours, were the occupants of the said vehicle and the vehicle was proceeding from Hahim Market side towards Boko. As a result of the said accident, all the above mentioned 4 (four) persons died on the spot. The post-mortem examinations of the deceased persons were conducted at the Gauhati Medical College & Hospital (GMCH). In connection with the said accident, an FIR was lodged and on receipt of the FIR, a police case being Boko Police Station Case No. 287/2017 was registered under Sections 279/304A, IPC and the matter was investigated into. Upon investigation, the case had been found to be genuine and the Officer In-Charge, Boko Police Station had issued a police report dated 28.02.2018 recording the facts that all the above mentioned persons died as a result of the accident involving the vehicle bearing registration no. AS-25/7547. It transpires that a charge Page No.# 32/46 sheet being Charge Sheet no. 228/2017 had also been submitted on 30.08.2017. The petitioner no. 1 is the father of Late Chintu Rabha and the petitioner no. 2 is the mother of Late Robin Rabha. The petitioner no. 3 is the father of Late Rune Rabha while the petitioner no. 4 is the mother of Late Sanjay Rabha. It is further projected that when the petitioners approached the office of the Deputy Commissioner, Kamrup praying for ex gratia grant as per the notification dated 15.11.2014, their prayers were not heeded to. Having failed to evoke any response from their such approaches the petitioners have approached this Court by this writ petition seeking ex gratia amounts in terms of the notification dated 15.11.2014.
W.P.(C) No. 1035/2020 : The petitioner is the wife of one Lalmia Ali. It is projected that when on 26.04.2017, Lalmia Ali was returning back to his house from Sani Road Chowk to the East side of S.R. Chowk on Hajo - Daulasal PWD Road, a vehicle bearing registration no. AS-25/F-9190 coming from behind, had dashed Lalmia Ali at about 05-15 p.m. As a result of the said accident, Lalmia Ali sustained grievous injuries and he was admitted at Mukalmua Health Centre. In view of the serious nature of injuries, the doctors at Mukalmua Health Centre referred Lalmia Ali to the GMCH but as a result of the injuries sustained in the accident, Lalmia Ali had expired in the meantime. The post-mortem examination on the dead body of Lalmia Ali was conducted at the GMCH on 27.04.2017. It was opined that the death was due to coma as a result of head injury sustained and the injuries were ante-mortem, caused by blunt force impact. In connection with the death of Lalmia Ali, an FIR was lodged by the petitioner before the Officer In-Charge, Mukalmua Police Station on 01.05.2017 and on receipt of the said FIR, Mukalmua Police Station Case No. 144/2017 was registered under Sections 279/304A, IPC. After registration of the case, the matter was investigated into. It was on 10.01.2018, the petitioner being the wife of Late Lalmia Ali had filed a representation before the Deputy Commissioner, Nalbari praying for the ex gratia grant in term of the notification dated 15.11.2014. Having failed to receive any response to her representation dated 10.01.2018, the petitioner has approached this Court by way of the present writ petition seeking release of the ex gratia amount in her favour in terms of the notification dated 15.11.2014.
W.P.(C) No. 1041/2020 : In this case, the petitioner has approached this Court seeking ex gratia grant for the death of his son, Rahib Rahman. It is alluded that on Page No.# 33/46 27.06.2016, at about 02-10 p.m., Rahib Rahman who was aged about 8 years at that time, was proceeding from his home at Bidyardabri Part II. When he was in the process of crossing 31 No. National Highway, a vehicle bearing registration no. WP-61/A-2908, a truck, coming from Chagolia side in a rash and negligent manner, had knocked down Rahib Rahman who as a result, sustained grievous injuries. He was immediately taken to Coochbehar Civil Hospital but looking at his serious condition, the doctors referred him to the GMCH at Guwahati. When he was taken to the GMCH, the victim stopped talking and considering his condition, he was taken to Halakura CHC where he was declared dead. In respect of the incident, an FIR was lodged before the Officer In-Charge, Chagolia Police Outpost on 27.06.2016 and on receipt of the said FIR, Agomoni Police Station Case No. 565/2016 was registered under Sections 279/304A, IPC. Thereafter, the case was investigated into. It is averred that on 17.01.2019, the petitioner filed a representation before the Deputy Commissioner, Dhubri praying for extension of the benefit of ex gratia grant in terms of the notification dated 15.11.2014 for the death of his son. On receipt of the said representation, the office of the Deputy Commissioner asked the Circle Officer, Agomoni Revenue Circle to verify the case and submit a report on the case of death of Late Rahib Rahman. Accordingly, the Circle Officer, Agomoni Revenue Circle verified the matter and submitted a Verification Report on 31.10.2019 to the Deputy Commissioner, Dhubri for sanctioning of ex gratia grant to the petitioner. But despite such report, the relief in terms of the notification dated 15.11.2014 has not been released to the petitioner till date. Hence, this petition.
W.P.(C) No. 1068/2020 : The petitioner is seeking the relief of ex gratia grant in terms of the notification dated 15.11.2014 for the death of her husband, Siddheshwar Basumatary who died in a road traffic accident on 11.08.2018. It is stated that on 08.08.2018 when Siddheshwar Basumatary and one Gupta Daimary were going towards Sakhati on a motor cycle bearing registration no. AS-01/AM-2844, another motor cycle, without any registration number, coming from the opposite direction in a rash and negligent manner dashed the other motor cycle, AS-01/AM-2844 at about 05-00 p.m. at a place near Sakhati Petrol on 37 No. National Highway. As a result of the said accident, Siddheshwar Basumatary sustained serious injuries and he was admitted at the GMCH. It was on 11.08.2018 he expired due to injuries sustained in the said accident. After the death of the deceased, the post-mortem examination Page No.# 34/46 of the deceased was conducted at the GMCH. An FIR was lodged before the Officer In- Charge, Boko Police Station in connection with the said accident and on receipt of the said FIR, Boko Police Station Case No. 566/2018 was registered initially under Sections 279/338/427, IPC and later on, due to the death of the deceased, Section 304A, IPC was added. The matter was thereafter, investigated into and having found the case to be genuine, the Officer In-Charge, Boko Police Station issued a Police Report dated 18.01.2020 recording the fact that Siddheshwar Basumatary died due to road accident at a public place. It is projected that after the death of the deceased, the petitioner approached the office of the Deputy Commissioner, Kamrup with the prayer to grant her ex gratia grant for the death of her husband in the road accident, referred above, in terms of the notification dated 15.11.2014. As no ex gratia grant has been released, the petitioner aggrieved thereby, has preferred the present petition.
W.P.(C) No. 1080/2020 : The petitioner herein has approached seeking ex gratia grant in terms of the notification dated 15.11.2014 for the death of her minor son, Dhrubajyoti Rabha who died in a road traffic accident on 06.07.2019. It is projected that on 06.07.2019 when her son, aged about 9 years, was at a place called Sakhati on the National Highway No. 17, an accident occurred involving one I-20 vehicle where the son of the petitioner sustained grievous injuries and died of the injuries so sustained on the same day. The post-mortem examination of the deceased was conducted at the GMCH. In connection with the accident, an FIR was lodged before the Officer In-Charge, Boko Police Station on 06.07.2019 and accordingly, a police case being Boko Police Station Case no. 609/2017 was registered under Sections 279/338/304A/427, IPC. Upon investigation, the case had been found to be genuine and the Officer In-Charge, Boko Police Station stated to have issued a police report dated 22.01.2020 recording the above facts stating that the minor son of the petitioner, Late Dhrubajyoti Rabha died due to road accident occurred at a public place. After the death of the deceased in such a manner, the petitioner stated to have approached the concerned respondent authorities. When ex gratia grant in terms of the notification dated 15.11.2014 has not been paid to the petitioner she has approached this Court by way of the present writ petition.
W.P.(C) No. 1140/2020: The petitioner has approached this Court by way of the Page No.# 35/46 present writ petition for the death of her son, Dhananjay Kalita who died in a motor vehicular accident. It is stated that on 29.11.2018, at about 11-55 p.m., the son of the petitioner riding his motor cycle bearing registration no. AS-01/BB-6492, was returning from Chhaygaon to his home at Chatabari and the motor cycle had collided with another vehicle, one Wagon R, at a place near Bamunigaon Manasha Mandir. In the said accident, Dhananjay Kalita sustained grievous injuries and he was admitted at Gobordhon Hospital. Later on, he was referred to the GMCH and subsequently, he was admitted at Ayursundra Hospital, Guwahati for better treatment where he died on 07.12.2018. In connection with the above accident, a police case being Chhaygaon Police Station Case No. 30/2019 was registered under Sections 279/304A/338, IPC. The post-mortem examination of the deceased was conducted at the GMCH. Upon investigation, the case had been found to be genuine. When the petitioner thereafter, stated to have approached the office of the Deputy Commissioner, Kamrup praying for release of ex gratia grant in terms of the notification dated 15.11.2014, no such ex gratia grant has been sanctioned. Aggrieved thereby, the petitioner has approached this Court by way of this writ petition.
W.P.(C) No. 1144/2020 : The petitioner is the wife of one Late Basanta Kakati. It is projected that in the morning hours on 26.08.2018, a motor cycle bearing registration no. AS- 25/H-86002, Honda motor cycle, coming from the opposite direction in a rash and negligent manner and at a high speed, knocked down Basanta Kakati at Sessamushim Chupa PWD Road when he was standing on the side of the road at Sessamushim Chupa on the PWD road. The driver after causing the accident, fled away from the place of occurrence by leaving the motor cycle at the spot. Basanta Kakati was immediately taken to and admitted at GNRC Hospital at Silagrant for treatment. It was during the treatment on 29.08.2018, Basanta Kakati expired at GNRC, Silagrant. Thereafter, the post-mortem examination was conducted at the GMCH. An FIR was lodged in connection with the said accident and the same was registered as Hajo Police Station Case No. 702/2018 under Sections 279/304A, IPC. The matter was thereafter, investigated into. The petitioner being the wife of the deceased, had filed a representation before the Deputy Commissioner, Amingaon on 20.12.2018 seeking the relief of ex gratia grant in terms of the notification dated 15.11.2014. When the said representation failed to evoke any response from the respondent authorities, the petitioner Page No.# 36/46 being aggrieved, has approached by way of this writ petition seeking the relief of ex gratia grant in terms of the notification dated 15.11.2014.
W.P.(C) No. 1146/2020 : The petitioner herein as the wife of one Late Hasen Ali, is seeking the relief of ex gratia grant in terms of the notification dated 15.11.2014. It is stated that on 20.10.2018, at about 04-30 p.m., her husband was proceeding as a pillion rider on a motor cycle bearing registration no. AS-25/E-7498 with one Md. Faijul Ali as the rider. When they were so proceeding, one army Maruti Gypsy vehicle bearing registration no. CL-I- 266T14B114486K collided with the said motor cycle on Ghoga Bridge on Rangia - Bhutan Road. As a result, the husband of the petitioner died on the spot and the rider received serious injuries. In connection with the said accident, an FIR was lodged before the Officer In-Charge, Tamulpur Police Station and on receipt of the said FIR, a police case being Tamulpur Police Station Case No. 418/2018 got registered under Sections 279/338/304A, IPC. The post-mortem examination of the victim was conducted at Dr. R.B. Civil Hospital, Mushalpur on 21.10.2018 where it was opined that death was due to head injury sustained in road traffic accident. The matter was investigated into by police and Form No. 54 was issued showing the army Maruti Gypsy as the offending vehicle. On 15.05.2019, the petitioner filed a representation before the Deputy Commissioner, Kamrup praying for release of ex gratia grant in terms of the notification dated 15.11.2014. When the representation failed to evoke any response, she has filed the present petition.
W.P.(C) No. 821/2020 : The petitioner no. 1 is the wife of Late Bela Breth Sangma @ Wel Breth Marak whereas the petitioner no. 2 is the father of one Late Prity Gayary. It is projected that on 15.01.2017, Bela Breth Sangma @ Wel Breth Marak and Prity Gayary along with others, were proceeding by a Tata Sumo vehicle bearing registration no. AS-17/7917 after a picnic party at Surjya Pahar, Goalpara. When the vehicle, at about 09-00 p.m., reached Dhirghat on National Highway No. 31, it met with an accident. As a result, Bela Breth Sangma @ Wel Breth Marak and Prity Gayary sustained serious injuries on their persons and died at the spot itself. In connection with the said incident, an FIR was lodged before the Officer In- Charge, Chapar Police Station on 17.01.2017 and on receipt of the said FIR, a police case being Chapar Police Station Case No. 30/2017 was registered under Sections 279/337/338/304A, IPC and the matter was investigated into. On 21.01.2019, both the Page No.# 37/46 petitioners had filed representations separately before the office of the Deputy Commissioner, Dhubri seeking ex gratia grants in terms of the notification dated 15.11.2014 for the death of their husband and daughter respectively. On receipt of the representations, the office of the Deputy Commissioner, Dhubri had asked the Circle Officer, Kokrajhar Revenue Circle to verify the cases by causing enquiries and to submit details about the 2 (two) deceased. Accordingly, the matter was enquired into by the Circle Officer, Kokrajhar Revenue Circle and after enquiry, verification reports dated 18.06.2019 and 20.06.2019 were submitted requesting sanction of ex gratia grants in favour of the petitioners. As no ex gratia grants had been released in their favour, the petitioners have filed the present writ petition seeking reliefs like the other petitioners above.
W.P.(C) No. 823/2020 : The petitioner herein is the father of one Late Raju Hoque. It is projected that on 14.01.2018, at about 09-00 a.m., when the son of the petitioner was standing by the side of the National Highway no. 31 at Kharida Gossaigaon, one vehicle bearing registration no. AS-19/D-2786 coming from the western side towards Chapar at a high speed, knocked him down from back side. As a result, Raju Hoque sustained serious injuries and he was immediately taken to Chapar Hospital where the doctor declared him dead. In connection with the said accident, an FIR was lodged before the Officer In-Charge, Chapar Police Station and accordingly, Chapar Police Station Case No. 82/2018 was registered under Sections 279/338/304A, IPC. Upon registration, the matter was investigated into. On 27.12.2018, the petitioner filed a representation before the office of the Deputy Commissioner, Dhubri praying for extending the relief of ex gratia grant for the death of his son at a public place in the road traffic accident, referred above, in terms of the notification dated 15.11.2014. On receipt of the said representation, the office of the Deputy Commissioner asked the Circle Officer, Chapar Revenue Circle to verify the case and to submit details about the death of Late Raju Hoque. Accordingly, the Circle Officer enquired into the matter and after enquiry, submitted his verification report on 05.11.2019 before the Deputy Commissioner, Dhubri requesting sanction of ex gratia grant. As no ex gratia grant has been released to the petitioner, the present petition has been preferred.
W.P.(C) No. 1044/2020 : The petitioner herein is the wife of one Late Munnaf Ali who had died in a motor vehicular accident leaving the petitioner and one son. It is stated that on Page No.# 38/46 12.02.2019, at about 04-10 p.m., when Munnaf Ali was proceeding in a scooty bearing registration no. AS-01/DN-7184, he was dashed from behind by a dumper bearing chassis no. MBIHTLHDIJPXGO759 & Engine No. JXPZ151472, from behind at Barkura West on the National Highway no. 31. As a result of the accident, Munnaf Ali sustained serious injuries and he died on the same day at SMK Civil Hospital, Nalbari. The post-mortem examination of the dead body was also conducted at SMK Civil Hospital on 13.02.2019. In connection with the said accident, an FIR was lodged before the Officer In-Charge, Nalbari Police Station and on receipt of the FIR, a police case being Nalbari Police Station Case No. 114/2019 was registered under Sections 279/304A/427, IPC. The matter was thereafter, investigated into. It is projected that the petitioner had approached the office of the Deputy Commissioner, Nalbari seeking ex gratia grant in terms of the notification dated 15.11.2014 and no ex gratia grant has been released. Aggrieved, the petitioner has preferred the present writ petition.
W.P.(C) No. 1102/2020 : The petitioner herein is seeking the relief of ex gratia grant for the death of her husband, Late Dhanu Basfore in terms of the notification dated 15.11.2014. It is stated that her husband met with a road traffic accident occurred on 04.10.2018, at about 08-30 p.m., at a place near Bhalla Chowk in front of Nathkuchi patrolling post. The accident involved a motor cycle bearing registration no. AS-14/F-0415. As a result of the accident, Dhanu Basfore sustained serious injuries on his head and he was admitted immediately at SMK Civil Hospital, Nalbari where he expired. The post-mortem examination of the victim was conducted at SMK Civil Hospital on 05.10.2018. In connection with the said accident, an FIR was lodged before the Officer In-Charge, Tihu Police Station and accordingly, Tihu Police Station Case No. 186/2018 was registered under Sections 279/304A, IPC. The case was, accordingly, investigated into. It is stated that after the death of her husband, the petitioner had approached the office of the Deputy Commissioner, Nalbari for providing her ex gratia grant in terms of the notification dated 15.11.2014. As the matter was not processed for any grant, the petitioner has approached this Court by way of the present writ petition W.P.(C) No. 1103/2020: It is mentioned that at about 10-30 a.m., on 18.02.2019, a motor vehicular accident took place at Chatabari near Shiv Mandir under Jambari Police Outpost of Boko Police Station and in the said accident, one Hriday Singh Das, aged about 18 Page No.# 39/46 years, had expired. The petitioner is the father of said Late Hriday Singh Das. Pursuant to the said death of Late Hriday Singh Das, the post-mortem examination was conducted on the body of the victim on 18.02.2019 at the GMCH, Guwahati wherein it was opined that the death was caused due to shock and haemorrhage as a result of injuries sustained by the deceased. All the injuries were found to be ante-mortem in nature and caused by blunt force impact. In connection with the said accident, a police case being Boko Police Station Case No. 148/2019 was registered under Sections 279/338/304A/427, IPC and the same was investigated into. The petitioner stated to have approached the office of the Deputy Commissioner, Kamrup for grant of ex gratia in terms of notification dated 15.11.2014 but when no ex gratia grant was released in favour of the petitioner, the petitioner has approached this Court by this writ petition.
W.P.(C) No. 1151/2020 : The petitioner no. 1 herein is the wife of one Late Ruhul Amin Sikdar and the petitioner no. 2 is the father of one Late Asraful Islam, who were stated to have died in an road traffic accident occurred on 16.04.2015 at Surjyakhata part-I on 31 No. National Highway involving a vehicle bearing registration no. AS-17B-4530, Bolero Pick- Up. Late Ruhul Amin Sikar and Late Asraful Islam had died as a consequence of the injuries sustained by the said accident. While Ruhul Amin Sikdar died on the spot, Asraful Islam died at Down Town Hospital on 16.04.2015 night during treatment. In connection with the said accident, an FIR was lodged on 21.04.2015 and a case being Bilasipara Police Station Case No. 411/2015 registered under Sections 279/338/304A, IPC. The case was accordingly, investigated into. Subsequent to the deaths, the petitioners had filed separate representations, both on 17.01.2019, before the Deputy Commissioner, Dhubri praying for release of ex gratia grants in terms of the notification dated 15.11.2014. On receipt of the said representations, the office of the Deputy Commissioner, Dhubri had asked the Circle Officer, Agomoni Revenue Circle to verify the cases and to submit the Next of Kin details of the 2 (two) deceased. Accordingly, the Circle Officer, Agomoni Revenue Circle verified one of the matters and submitted his verification report on 31.10.2019 to the Deputy Commissioner, Dhubri in respect of Late Ruhul Amin Sikdar. No report in respect of Late Asraful Islam had been submitted by the Circle Officer. When the representations of the petitioners were not responded, the petitioners have preferred this writ petition seeking directions for release of ex Page No.# 40/46 gratia grants.
W.P.(C) No. 1437/2020 : It is alluded that the petitioner's husband viz. Late Rupam Rabha died in a motor vehicular accident on 13.02.2018. The accident occurred at a place near Shiva Mandir at Dakuapara at around 03-00 a.m. when the deceased along with 4 (four) others as labour occupants of a D.I. vehicle, was proceeding from Boko side on the National Highway No. 37. The accident stated to have occurred due to rash and negligent act on the part of the driver of the said vehicle as he hit a post on the road side. As a result, Rupam Rabha died on the spot. The post-mortem examination on the dead body of the deceased was conducted at the GMCH, Guwahati on 13.02.2018. In connection with the said accident, a general diary entry being Boko Police Station G.D. Entry No. 437 was registered on 13.02.2018. Later on, a case being Boko Police Station Case no. 350/2018 was registered under Sections 279/304A, IPC and the matter was investigated into. Upon investigation, the Officer In-Charge, Boko Police Station had issued a police report on 05.01.2020 recording the above fact of death of Rupam Rabha. The petitioner being the wife of Late Rupam Rabha, stated to have approached the Officer of Deputy Commissioner, Kamrup with the prayer to grant ex gratia amount as per the notification dated 15.11.2014. On not being provided with the said ex gratia grant, the petitioner has approached this Court by the present petition.
W.P.(C) No. 1439/2020 : The petitioner is the wife of one Ali Akbar Mollah. It is stated that Ali Akbar Mollah died in a motor vehicular accident which occurred on 02.10.2016 at Chataguri on 31 No. National Highway under Bagribari Police Station, District - Kokrajhar. At the relevant time, the deceased, Ali Akbar Mollah was proceeding towards his home from Panbari on a motor cycle bearing registration no. AS-17B-6893 and he was dashed by another vehicle bearing registration no. AS-17B-0319, a goods carrier, coming from the opposite direction at a place near Chatagur Masjid. As a result of the impact, the deceased fell down in the road and the wheel of the offending vehicle passed over his head. In the said accident, Ali Akbar Mollah died on the spot. The post-mortem examination of the deceased was conducted at R.N.B. Civil Hospital, Kokrajhar. In connection with the said accident, an FIR was lodged on 04.10.2016 and a police case being Bagribari Police Station Case No. 120/2016 was registered under Sections 279/304A/427, IPC. It is stated by the petitioner that she had filed a representation before the Deputy Commissioner, Dhubri on 27.12.2018 praying for release of Page No.# 41/46 ex gratia grant in terms of the Government policy, notified by the notification dated 15.11.2014. It is further averred that in response to the said representation, the office of the Deputy Commissioner, Dhubri asked the matter for verification through the Circle Officer, Athani Revenue Circle who had verified the matter accordingly. When no ex gratia grant was released to the petitioner, the petitioner has preferred the present petition.
W.P.(C) No. 1442/2020 : The case projected is that the brother of the petitioner, Khagen Kalita had expired as a result of injuries sustained in an accident involving a tractor bearing registration no. AS-14C/4005 on 07.11.2015. It is stated that at about 02-30 p.m., on that day, when the brother of the petitioner was sitting in the embankment near Soneswar Bridge, the tractor coming in a rash and negligent manner, hit Khagen Kalita. Khagen Kalita expired on 08.11.2015 and the post-mortem examination on the body of the dead body of the deceased was conducted at the GMCH, Guwahati on 08.11.2015. It was opined that the death was instantaneous resulting from the injuries described therein which were ante mortem in nature and were found to be caused by blunt force impact. In connection with the said accident, a case being Kamalpur Police Station Case No. 225/2015 was registered under Sections 279/304A, IPC against the driver of the offending tractor and the Officer In-Charge, Kamalpur P.S. also issued a report in Form 54 recording the details. Upon completion of the investigation, the Investigating Officer had submitted a charge sheet being Charge Sheet No. 01/2016 on 22.01.2016 finding a prima facie case established under Sections 279/304A, IPC against the driver of the offending vehicle. The petitioner had submitted a representation before the Deputy Commissioner, Kamrup, Amingaon on 11.10.2018 with the prayer to release ex gratia grant as per the notification dated 15.11.2014. Having not received any response to his said representation, the petitioner has preferred the present writ petition.
W.P.(C) No. 1445/2020 : The petitioner has preferred this writ petition seeking ex gratia grant in terms of the notification dated 15.11.2014, projecting, inter-alia, that her husband Yakub Hussain had died in an accident involving a motor vehicle. It is stated that on 10.07.2017, at about 10-10 a.m., her husband was standing on the road side at Uttar Jalukbari no. 1 Jame Masjid and at that time, he was hit by a vehicle bearing registration no. AS-01/HC-7044, a city bus, coming from Jalukbari side towards Bharalumukh side in a rash and negligent manner. As a result of the impact, Yakub Hussain sustained serious injuries and Page No.# 42/46 he was taken to the GMCH, Guwahati where he was declared dead by the doctors on 10.07.2017 itself. The post-mortem examination was accordingly conducted at the GMCH, Guwahati. In respect of the said accident, a case being Jalukbari Police Station Case No. 768/2017 was registered under Sections 279/304A, IPC against the driver of the offending vehicle. It is further stated that the petitioner had approached the office of the Deputy Commissioner, Kamrup, Amingaon by filing a representation dated 11.10.2018 seeking the relief of ex gratia grant in terms of the notification dated 15.11.2014. When she did not receive any response, she has preferred the present writ petition.
W.P.(C) 1450/2020 : By this writ petition, the petitioner has approached this Court seeking ex gratia grant in terms of the notification dated 15.11.2014 in connection with the death of her daughter, Late Sujita Rabha. It is stated that on 06.07.2019, a road traffic accident took place at Sakhati on National Highway No. 37 under Boko Police Station by one I 20 vehicle. In the writ petition, the registration no. of the said I 20 vehicle is not mentioned and the same is neither found recorded in the police report (Annexure-3) issued by the Officer In-Charge, Boko Police Station on 22.01.2020. It is stated that the post-mortem examination of the deceased person i.e. Sujita Rabha, aged about 10 years, was conducted at the GMCH, Guwahati. In connection with the said accident, a police case being Boko Police Station Case No. 609/2019 under Sections 279/38/304A/427, IPC was registered and investigated into. The post-mortem examination report had recorded that the death was due to coma as a result of the injuries sustained over the head and the injuries were ante-mortem in nature, caused by blunt force impact. It is stated by the petitioner that she had approached the office of the Deputy Commissioner, Kamrup for release of ex gratia grant in terms of the notification dated 15.11.2014 but no action had been taken by the said office for release of the ex gratia grant to the petitioner. Stating so, the petitioner has approached this Court for a direction to release ex gratia grant to her in terms of the notification dated 15.11.2014.
The relevant facts, in brief, projected in this batch of writ petitions on behalf of the petitioners are delineated above. In all these writ petitions, it has been projected on behalf of the petitioners that they are the next of kin (NOK) of the persons who were killed in the accidents which either occurred in public places or involved public carriers. It is further Page No.# 43/46 contended that as such next of kin (NOK) of the persons killed in such accidents, they are entitled to receive the quantum of relief in terms of the policy formulated by the State Government, which has been notified by the notification dated 15.11.2014. On perusal of the said notification dated 15.11.2014, it is noticed that the same has, inter-alia, made a provision for an ex gratia grant to the next of kin (NOK) of persons killed due to accidents in public places or in public carrier (other than killed by extremist/terrorist, miscreants and due to firing of security forces) and such relief has been quantified at Rs. 2,00,000/- in respect of accidents which had occurred in the State on or after the date of the notification i.e. 15.11.2014. In all these batch of writ petitions, the petitioners have projected that the deaths of their family members were due to accidents which occurred after 15.11.2014.
This Court on an earlier occasion had considered the purport and object behind the formulation of the State Policy to provide the relief of ex gratia grants to the Next of Kin (NOK) of persons killed in accidents in public places or in public carriers through the notification dated 15.11.2014 in a batch of writ petitions, W.P.(C) No. 2100/2019 and 4 (four) others. The said batch of writ petitions was disposed of by a common order dated 04.05.2019 with a direction to the Commissioner and Secretary to the Government of Assam, Revenue and Disaster Management Department to consider the claim of each of the petitioners therein in terms of the notification dated 15.11.2014, if necessary by calling for records from the concerned Deputy Commissioners and thereafter, to release the quantum of relief to the petitioners in terms of the notification dated 05.11.2014. While disposing of the said writ petitions, the Court has observed as under :-
"As per this notification, Government of Assam has revised the quantum of relief in respect of persons who were killed/injured due to extremist violence/terrorist violence/acts of miscreant/communal violence/ethnic violence/group clash/firing of security forces/accident etc. It is mentioned that the notification would come into force with immediate effect, incidents prior to 15.11.2014 being covered by previous notifications/office memorandum. Sl No. 3 of the Schedule to the said notification provides for ex gratia grant to next of kin of persons killed due to accident in public places or in public carriers other than those killed by extremists/terrorists/miscreants and due to firing of security forces. Quantum of relief is fixed at Rs. 2 lakhs. This portion of the notification dated 15.11.2014 is extracted as under :-
"Ex gratia to the NOK of person killed due to accident in public places or in public carriers (other than killed by extremist/terrorists/miscreants and due to the firing of security forces): Rs. 2,00,000.00".
Page No.# 44/46 This Court in Monju Urang (supra), considered the said notification in the context of the claim made for relief as it was also a case of death due to accident and directed the Commissioner and Secretary to the Government of Assam, Revenue and Disaster Management Department to consider such claim by calling for report from the concerned Deputy Commissioner and thereafter to release the quantum of relief. From the language of the notification itself, it is evident that the reliefs sought to be granted to the next of kin of persons killed due to accident in public places or in public carriers is in the nature of ex gratia grant. As per the dictionary meaning of the expression "ex gratia", it is both an adverb and an adjective with reference to payment done from a sense of moral obligation rather than because of any legal requirement. A Latin expression, it literally means from favour or as a favour. Black's Law Dictionary, Sixth Edition defines ex gratia and ex gratia payment as under :-
Ex gratia : Out of grace; as a matter of grace, favour, or indulgence; gratuitous. A term applied to anything accorded as a favour; as distinguished from that which may be demanded ex debito, as a matter of right.
Ex gratia payment : Payment made by one who recognizes no legal obligation to pay but who makes payment to avoid greater expense as in the case of a settlement by an insurer company to avoid costs of suit. A payment without legal consideration.
Therefore, ex gratia payment would mean, a payment made by the authority beyond any legal requirement or consideration. It is a payment which is unconnected with and unrelated to a legal obligation cast on the State to compensate the victim. Therefore, viewed in this context, the relief of ex gratia payment provided vide the notification dated 15.11.2014 is a relief in addition to compensation which the next of kin of the person killed due to motor accident in such cases may be entitled to under the law of tort as recognized by various statutes, such as, the Motor Vehicles Act, 1988. The rationale behind the notification dated 15.11.2014 is to provide some succor immediately to the next of kin of the deceased to tide over the initial shock and hardship before lodging claim to just compensation under the law.
To be entitled to such ex gratia payment, the person must be killed due to accident in public places or in public carriers with the clarification that such death must not occur due to violence by extremists/terrorists/miscreants or due to firing of security forces which are covered under different heads. As per Oxford Dictionary Thesaurus & Word Power Guide, Indian Edition, 'public places' has been defined to mean places open to the public i.e., accessible to all, available, free, unrestricted, community. On the other hand, the word "carrier" is a noun which conveys the meaning of bearer, conveyor, transporter, porter, courier, haulier. If the word "carrier" is used in conjunction with the word "public", it would mean bearer, conveyer, transporter, porter etc. which is open to the public. Therefore, the expression "public carrier" would mean a carrier which is used by the public. Thus, to be entitled to ex gratia relief in terms of the notification dated 15.11.2014, the person must be killed due to an accident in public place or in public carrier, which undoubtedly are wide expressions as per the definitions considered above. This is more so because this notification is a beneficial one intended to provide immediate relief to persons who are in distress. Therefore, such a notification is required to be given a liberal and wide interpretation to ensure that Page No.# 45/46 benefit provided reaches the intended beneficiaries."
The learned counsel appearing for the parties in this batch of writ petitions are not in disagreement on the fact that in all these writ petitions, the petitioners have claimed that the motor vehicular accidents cited in these cases, had occurred subsequent to 15.11.2014. It is submitted by Mr. Talukdar and Ms. Barman, in unison, that before placing the matters before the Commissioner and Secretary to the Government of Assam, Revenue and Disaster Management Department, the concerned Deputy Commissioner shall have to examine the proposal in each of the cases in order to verify the claims of the petitioners, with regard to, firstly, the road traffic accidents which stated to have occurred either in public places or involving public carriers, resulting in the deaths of the persons, mentioned above, and secondly, the claims of the petitioners as the next of kin (NOK) of the persons who stated to have died as a result of those road traffic accidents. The said submission advanced on behalf of the respondents is duly considered. At the same time, it is found that the petitioners have claimed to have lost their near and dear ones as a result of the accidents stated to have occurred in public places or involving public carriers and their claims for ex gratia grant in terms of the notification dated 15.11.2014 have not been given due consideration till date. This Court has already recognized the rationale behind the policy formulated by the State and notified vide the notification dated 15.11.2014 by observing that the dominate purpose of the policy is to provide some succor immediately to the Next of Kin (NOK) of the deceased to tide over the initial shock and hardship before lodging claim to just compensation under law. Thus, a claim for the relief of ex gratia grant under the policy calls for an expeditious consideration. Taking an overall view of the submissions advanced by the learned counsel for the parties and the rationale behind the policy so formulated, this Court is of the considered view that the claims for the relief in the form of ex gratia grants of the petitioners in this batch of writ petitions as the next of kin (NOK) of persons killed in accidents, the facts of which are briefly narrated above, are to be verified and considered first at the end of the concerned Deputy Commissioner and after such verification and consideration by calling for reports from the concerned Circle Officers, wherever found necessary, the proposals shall thereafter, be forwarded by the concerned Deputy Commissioner along with his reports, to the Commissioner and Secretary to the Government of Assam, Revenue & Disaster Management Department for release of ex gratia grants in terms of the notification dated Page No.# 46/46 15.11.2014. The Commissioner and Secretary to the Government of Assam, Revenue & Disaster Management Department shall thereafter, release the quantum of relief to the petitioners found entitled, in terms of the notification dated 15.11.2014. The entire exercise in respect of each of the cases involved in this batch of writ petitions should be completed by the above respondent authorities within a period of 3 (three) months from the date of receipt of a certified copy of this order by the office of the concerned Deputy Commissioner of the district along with a copy of the concerned writ petition along with the annexure, from the respective petitioner(s). The petitioners are directed to extend their cooperation during the process of such verification. With the observations made and the directions given above, this batch of writ petitions stand disposed of. There shall, however, be no order as to cost.
JUDGE Comparing Assistant