Gauhati High Court
The Commissioner And Secretary To ... vs Smt. Kaphot Dam And 7 Ors on 9 February, 2022
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GAHC010184532020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2272/2020
THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR,
GUWAHATI- 781006, DIST.- KAMRUP(M), ASSAM.
VERSUS
SMT. KAPHOT DAM AND 7 ORS.
W/O- SRI SANTOSH DAM, R/O- VILL.- ZIRIKINDENG, P.O. ZIRIKINDENG,
P.S. KHERONI, DIST.- KARBI ANGLONG, ASSAM, PIN- 782448.
2:THE STATE OF ASSAM
REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM
DISPUR
GUWAHATI- 781006
DIST.- KAMRUP(M)
ASSAM.
3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
HOME AND POLITICAL DEPARTMENT
DISPUR
GUWAHATI- 781006
DIST.- KAMRUP(M)
ASSAM.
4:THE DIRECTOR GENERAL OF POLICE
ASSAM
ULUBARI
GUWAHATI- 781007
DIST.- KAMRUP(M)
ASSAM.
5:THE DEPUTY COMMISSIONER
HAMREN
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DIST.- KARBI ANGLONG
ASSAM
PIN- 782486.
6:THE SUPERINTENDENT OF POLICE
HAMREN
DIST.- KARBI ANLONG
ASSAM
PIN- 782486.
7:THE OFFICER-IN-CHARGE
KHERONI POLICE STATION
P.O. KHERONI
DIST.- KARBI ANGLONG
ASSAM
PIN- 782440.
8:THE OFFICER-IN-CHARGE
ZIRIKINDENG POLICE STATION
PRESENT P.S. HAMREN
DIST.- KARBI ANGLONG
ASSAM
PIN- 782448
Advocate for the Petitioner : SC, REVENUE AND DISASTER MANAGEMENT DEPT
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE THE CHIEF JUSTICE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 09-02-2022
The matter is taken up through video conferencing.
Heard Mr. R. Borpujari, learned standing counsel, Revenue and Disaster
Management, appearing for the applicant. Also heard Mr. P.D. Nair, learned
counsel for the opposite party No.1/writ petitioner.
The present application has been filed for condoning the delay of 322 days
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in filing the accompanying appeal against the judgment and order of the learned
Single Judge dated 28.03.2019 passed in WP(Crl) 3/2017 whereby an amount of
Rs.10 lakhs was awarded to the writ petitioner/opposite party No.1 herein,
whose husband was abducted and killed by terrorists, as compensation.
The case of the applicant/appellant State is that there is a scheme which
provides that an amount of Rs.3 lakhs is to be awarded to the next of kin of a
person who is abducted by terrorists and whose whereabouts are not known.
The said scheme stipulates an amount of Rs.3 lakhs and not Rs.10 lakhs.
Mr. R. Borpujari, learned counsel for the applicant/appellant submits that
Rs. 3 lakhs as admitted by them will be deposited with the writ
petitioner/opposite party No.1 within a period of three weeks from today in
order to show their bonafides.
We make it clear that mere receiving an amount of Rs.3 lakhs will not
prejudice the case before this Court as it will depend upon the final adjudication
of the writ appeal on its merits.
The matter is adjourned.
List again on 09.03.2022.
JUDGE CHIEF JUSTICE
Comparing Assistant
