Page No.# 1/4 vs The Union Of Indai And 9 Ors
2021 Latest Caselaw 2379 Gua

                                                                 Page No.# 1/4

GAHC010097982021




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

                         Case No. : WP(C)/3196/2021

         AYAN KUMAR DAS AND ANR.
         S/O. SMT. MADHUMITA DAS, R/O. E-201, TRANS GARDEN APARTMENTS,
         PATHARKUCHI, BASISTHA CHARIALI, GUWAHATI-781029.

         2: ANKITA DAS
          D/O. SMT. MADHUMITA DAS
          R/O. E-201
         TRANS GARDEN APARTMENTS
          PATHARKUCHI
          BASISTHA CHARIALI
          GUWAHATI-781029

         VERSUS

         THE UNION OF INDAI AND 9 ORS.
         REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY HEALTH
         AND FAMILY WELFARE, NEW DELHI.

         2:DEPARTMENT OF POSTS

          MINISTRY OF INFORMATION AND TECHNOLOGY
          GOVT. OF INDIA
          REP. BY THE DIRECTOR GENERAL OF POSTS
          DAK
          DAK BHAWAN
          NEW DELHI-110001.

         3:THE STATE OF ASSAM
          REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
          DEPTT. HEALTH AND FAMILY WELFARE
          DISPUR
          GUWAHATI-06
         ASSAM.
                                                     Page No.# 2/4

4:THE INSPECTO GENERAL OF REGISTRATION AND COMMISSIONER OF
STAMP REVENUE

THE GOVT. OF WEST BENGAL
DEPTT. OF FINANCE (REVENUE) FORTUNA TOWER
9TH FLOOR
23A N.S. ROAD
KOLKATA-700001
WEST BENGAL.

5:THE DISTRICT MAGISTRATE

THE OFFICE OF THE DISTRICT MAGISTRATE
NEW ADMINISTRATIVE BUILDING
BARASAT
NORTH 24-PARGANAS
KOLKATA-700124
INDIA.

6:THE DISTRICT MAGISTRATE DM OFFICE BUILDING

JALPAIGURI
WEST BENGAL-735101.

7:THE STATE BANK OF INDIA
 NH 52A
 E-SECTOR
 CONA
 NAHARLAGUN
ARUNACHAL PRADESH-791110
 IS REP. BY THE BRANCH MANAGER.

8:UNITED BANK
 E-SECTOR
 CONA
 PAPUMPARE DISTRICT
 NAHARLAGUN
ARUNACHAL PRADESH 791110
 REP. BY THE BRANCH MANAGER

9:HDFC BANK
 BASAR COMMERCIAL COMPLEX BARAPANI
 PAPUMPARE DISTRICT
 NAHARLAGUN
ARUNACHAL PRADESH 791110
 REP. BY THE BRANCH MANAGER

10:PUNJAB NATIONAL BANK
                                                                                       Page No.# 3/4

               ITANAGAR BRANCH
               GANGA
               YATO COMPLEX
               NEAR STATE BUS STATION
               P.O. ITANAGAR
               ARUNACHAL PRADESH 791111 REP. BY THE BRANCH MANAGER

Advocate for the Petitioner     : MR D DEKA

Advocate for the Respondent : ASSTT.S.G.I.




                                     BEFORE
                    HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                              ORDER

30.09.2021 Peculiar facts and circumstances have confronted this Court by means of this writ petition whereby the petitioners, who are the son and daughter of one Smti. Madhumita Das, have prayed for directions to enable any one of them to operate the bank accounts in the name of their mother, who is in a 'Persistent Vegetative State' after undergoing a surgery on 19.12.2020. It is the case of the petitioners that post the said surgery, their mother had slipped into a 'Coma' and is presently in a vegetative state. It has also been pleaded that expenditure to the tune of about Rs. 22 lakhs have been incurred for the treatment and care of their mother, and for further treatment, resource is necessary. Though certain amounts are lying in the bank accounts and post office in the form of saving accounts and recurring deposits of the mother, in absence of the appropriate person to operate the same, the funds are not being able to be utilized.

Though certain issues regarding the maintainability of this writ petition under Article 226 of the Constitution of India has arisen as the matter involves factual aspects, the learned counsel for the petitioner, Shri R Kaman has placed reliance upon two judgments passed, one by the Hon'ble Kerala High Court and another by the Hon'ble Delhi High Court. In both the aforesaid cases were petitions under Article 226 of the Constitution of India in which the Courts have sorted out a particular mode to give relief to the parties.

Following the guidelines and in the interest of justice, this Court is of the view that Page No.# 4/4

before passing any effective relief, a factual determination of the case projected by the petitioners may be necessary and considering the peculiar facts and circumstances, this Court is of the opinion that such factual determination can be made by directing an Officer from the office of the Deputy Commissioner, Kamrup (M) within whose jurisdiction, the petitioners as well as their mother are residing.

In this regard, this Court had requested Shri D Nath, learned Senior Govt. Advocate, Assam to take necessary instructions and as per the instructions received, the office of the Deputy Commissioner (M) has suggested the name of one Smt. Rimjhim Konwar, Assistant Commissioner, Kamrup (M), Guhwahati-1 for the said purpose.

In that view of the matter, the said Smt. Rimjhim Konwar, Assistant Commissioner is directed to make a physical verification of the facts pleaded in this case by visiting the residence and verify the state of the mother of the petitioners and also the other attending facts and circumstances. The said exercise is directed to be completed expeditiously as the petitioners have expressed grave urgency.

The report of the verification may be furnished to this Court through the Senior Govt. Advocate, Assam within two weeks from today and the matter be listed for consideration on 27.10.2021.

It is needless to mention that the date of visit to the residence of the petitioners may be indicated in advance to the parties or to their counsel and the petitioners would render all necessary cooperation in the said verification.

A copy of the writ petition along with a copy of today's order be furnished to the said Officer, Smt. Rimjhim Konwar through the office of the Senior Govt. Advocate, Assam for doing the needful.

JUDGE

Comparing Assistant