Gauhati High Court
Debi Roy vs The State Of Assam And 4 Ors on 16 February, 2022
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GAHC010020752022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/984/2022
DEBI ROY
W/O LT. RANJAN KR. ROY, VILL-NO. 2 GORESWAR, P.O.-GORESWAR, P.S.-
GORESWAR, DIST-BAKSA, ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, REVENUE (D.M.), RELIEF AND REHABILITATION
DEPARTMENT, DISPUR, GHY-6
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
FINANCE DEPARTMENT
DISPUR
GHY-6
3:THE DEPUTY COMMISSIONER OF BAKSA DISTRICT
MUSHALPUR
DIST-BAKSA
ASSAM
PIN-781372
4:THE SUPERINTENDENT OF POLICE OF BAKSA DISTRICT
MUSHALPUR
DIST-BAKSA
ASSAM
PIN-781372
5:THE CIRCLE OFFICER OF GORESWAR REVENUE CIRCLE
P.O. AND P.S.-GORESWAR
DIST-BAKSA
ASSA
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Advocate for the Petitioner : MR. A T SARKAR
Advocate for the Respondent : SC, REVENUE
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
16.02.2022
Heard Mr. A.T. Sarkar, learned counsel for the petitioner; Mr. R. Borpujari, learned
Standing Counsel, Revenue and Disaster Management Department/Finance Department for
the respondent nos. 1 and 2; and Mr. N. Goswami, learned Junior Government Advocate for
the respondent nos. 3, 4 and 5.
2. In this writ petition, it has been projected that the husband of the petitioner Late
Ranjan Kumar Roy was kidnapped on 17.05.1995 and was apprehended to be killed by
extremist. By an order bearing No. R.R. 70/2006/PT-III/79 dated 07.10.2010, the respondent
no. 1 had disbursed an amount of Rs. 1,00,000/- as ex-gratia grant to the petitioner as the
next of kin of Late Ranjan Kumar Roy as per the scheme prevalent at that point of time.
However, subsequently, by issuing a notification dated 22.06.2004, the amount of ex-gratia
grant to be paid to the next of kin of the victims who were killed in extremist violence had
been enhanced to Rs. 3,00,000/-. By judgment and order dated 09.06.2010 passed by the
Division Bench of this Court in W.P.[C] no. 3355/2007, it was held that the family members of
the victims who had earlier received Rs. 1,00,000/-, would also be entitled to the enhanced
amount of ex-gratia grant in terms of the notification dated 22.06.2004. Accordingly, the
petitioner has approached this Court by this writ petition seeking payment of the additional
amount of Rs. 2,00,000/- as ex-gratia grant under the notification dated 22.06.2004.
3. Learned counsel for the respondents have submitted that this writ petition can be
disposed of at this motion stage, in the manner, the earlier similar writ petitions were
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disposed of.
4. It is noticed that the respondent no. 5 has already completed the enquiry regarding
the claim made by the petitioner for payment of the enhanced amount of ex-gratia grant and
has submitted an enquiry report with regard to such claim before the office of the respondent
no. 3 vide letter No. G.R.C-18/2012/79 dated 30.01.2020. As per the said letter, the petitioner
was the wife of Late Ranjan Kumar Roy and apart from her, Late Ranjan Kumar Roy had left
behind a son, Sri Ankur Roy.
5. Having regard to the fact that the enquiry has already been undertaken by the
respondent authorities, this writ petition is disposed of directing the respondent authorities,
more particularly, the respondent no. 1 and the respondent no. 3 to verify the claim of the
petitioner and if the same are found to be genuine, necessary steps for making payment of
the balance amount of Rs. 2,00,000/- be taken. The exercise as directed above, be carried
out and completed as expeditiously as possible, but not later than 3 [three] months from the
date of receipt of a certified copy of this order from the petitioner.
6. With the above observation and direction, this writ petition stands disposed of.
JUDGE
Comparing Assistant
