Suleka Ahmed vs The State Of Assam And 4 Ors
2021 Latest Caselaw 2702 Gua

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GAHC010183552021




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

                          Case No. : WP(C)/5872/2021

         SULEKA AHMED
         W/O- LT. RAHIM BADSHA, VILL- KUKARPAR, P.S. SARTHEBARI, DIST.-
         BARPETA, ASSAM, PIN- 781305


         VERSUS

         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
          BARPETA
          P.O.
          P.S. AND DIST.- BARPETA
         ASSAM
          PIN- 781301

         3:THE SUPERINTENDENT OF POLICE
          BARPETA
         ASSAM
          PIN- 781301

         4:THE OFFICER-IN-CHARGE
          BARPETA P.S.
          P.O.
          P.S. AND DIST.- BARPETA
         ASSAM
          PIN- 781301

         5:THE CIRCLE OFFICER
          CHENGA REVENUE CIRCLE
          P.O. KHONGRA
          P.S. TARABARI
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             DIST.- BARPETA
            ASSAM
             PIN- 78130
Advocate for the Petitioner : MR. W RAHMAN

Advocate for the Respondent : GA, ASSAM

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

08.11.2021

Heard Mr. W. Rahman, learned counsel for the petitioner and Mr. B. J. Talukdar, learned Staining Counsel, Revenue (Relief & Rehabilitation) and Disaster Management Department, Assam for the respondent No. 1. Also heard Mr. B. Deuri, learned Government Advocate, Assam for the respondent Nos. 2, 3, 4 and 5.

It is stated that the petitioner's husband died in a road traffic accident on 14.11.2008 on the National Highway No. 31 under Howli Police Outpost, Barpeta, Assam for which an FIR was lodged on 15.11.2008 and the same was registered as Barpeta P.S. Case No.893/2008 under Sections 279/338/304(A)/ 427 IPC.

The petitioner on 14.02.2020, submitted representation before the Commissioner and Secretary to the Government of Assam, Revenue (Relief & Rehabilitation) and Disaster Management Department praying for financial relief due to the death of her husband in the said road traffic accident that took place on 14.11.2008 and being the next kin of the said deceased. The petitioner also submits that till date, the respondent have not considered the case of the petitioner for such financial relief. As such, the petitioner had approached this Court by filing a writ petitioner being WP(C) No. 1535/2021 claiming the relief of ex-gratia compensation payable to her being the next of kin of the deceased, i.e., her husband, who died in said road traffic accident that occurred on 14.11.2008 on the National Highway No.31, as noted above.

As the said WP(C) No.1535/2021 was filed praying for consequential relief, the learned Standing Counsel for the respondent No.1 raised objection regarding the delay on part of the petitioner in approaching the Court and at that stage, counsel for the present petitioner, on instructions, prayed for withdrawal of said writ petition with liberty to file a fresh, if so Page No.# 3/3

advised.

Petitioner has now filed this petition and at paragraph 7 of the present petition, the petitioner has explained the delay in preferring the petition on the ground that she was totally ignorant about the relief to be granted by the respondent authority to the next of kin of such deceased who died in a road traffic accident and that she could come to know about such benefit in the year 2019 after the passing the judgment dated 04.05.2019 in the case of Gunalata Das & Ors. Vs. State of Assam & Ors . published in 2019 (4) GLT 17. The petitioner also submits that otherwise she could have approached the Court much early as the respondents failed to make wide publication of the notification regarding the grant of ex-gratia compensation so as to make people aware about the same. The petitioner also submits that at the time of death of her husband in said road traffic accident on 14.11.2008, the notification dated 24.04.2007 of the State Government, Revenue (Relief & Rehabilitation) and Disaster Management Department, Assam regarding such ex-gratia compensation to the next of kin of the persons expired in such road traffic accident where the quantum of compensation was of Rs. 1,00,000/- was subsequently enhanced upto Rs. 2,00,000/- by the said Revenue (Relief & Rehabilitation) and Disaster Management Department, Assam vide notification dated 15.11.2014.

List on 01.12.2021.

On the said date, i.e., on 01.12.2021 the respondents in the Revenue (Relief & Rehabilitation) and Disaster Management Department, Assam shall place the relevant instructions in the matter regarding entitlement of the benefit of such ex-gratia compensation by the petitioner on the death of her husband in a road traffic accident on 14.11.2008.

The petitioner shall serve requisite extra copies of this petition along with the annexures appended thereto to Mr. B. J. Talukdar, learned Staining Counsel, Revenue (Relief & rehabilitation) and Disaster Management Department, Assam on or before 10.11.2021, obtaining necessary acknowledgment from him in that regard.

JUDGE

Comparing Assistant