Gauhati High Court
Suleka Ahmed vs The State Of Assam And 4 Ors on 10 May, 2023
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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
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P.S. TARABARI
DIST.- BARPETA
ASSAM
PIN- 78130
Advocate for the Petitioner : MR. W RAHMAN
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
10.05.2023
Heard Mr. W. Rahman, learned counsel for the petitioner and Mr. K. Gogoi,
learned counsel for the respondent No. 2, 3, 4 & 5. Ms. G. Hazarika, learned
counsel appears for the respondent No. 1.
2. The matter pertains to the claim of the petitioner for payment of Ex-
Gratia Grant of Rs. 1 lakh in terms of the Notification No. RR.86/2005/22 dated
24.04.2007, issued by the Govt. of Assam, Revenue & Disaster Management
Department, Relief & Rehabilitation Branch.
3. The petitioner's counsel submits that the petitioner's husband Rahim
Badsha died on 14.11.2008 in a road traffic accident, pursuant to which Barpeta
Police Station Case No. 893/2008 under Sections 279/338/304(A)/427 I.P.C was
registered. The petitioner's counsel submits that the petitioner has also enclosed
the next of kin certificate dated 31.08.2022 issued by the Office of the Deputy
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Commissioner, Barpeta District, showing the petitioner to be the wife of the
deceased. The petitioner's counsel submits that the petitioner is eligible to be
given the Ex-Gratia Grant of Rs. 1 lakh as provided in the Notification dated
24.04.2007 and not the Notification dated 15.11.2014, as the Notification dated
15.11.2014 states that incidents occurring prior to 15.11.2014 would be
governed by the O.M/notifications relevant to the period concerned.
4. The petitioner's counsel further submits that the delay in filing the
present writ petition was due to the fact that the petitioner did not know about
the Ex-Gratia Grant available and the petitioner came to know about the same
only after passing of the judgment dated 04.05.2019 in Gunalata Das & Ors.
Vs. State of Assam & Ors. reported in 2019 4 GLT 17.
5. The petitioner's counsel thus prays that a direction may be issued to the
Deputy Commissioner, Barpeta District to examine the petitioner's
representation dated 14.02.2020, for grant of Ex-Gratia Grant of Rs. 1 lakh in
terms of the Notification dated 24.04.2007.
6. The learned counsels for the respondents submit that they have no
objection to the prayer made by the petitioner.
7. In view of the consent of the parties, the Deputy Commissioner, Barpeta
District is to examine the claim of the petitioner for grant of Ex-Gratia Grant of
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Rs. 1 lakh in terms of the Notification dated 24.04.2007 and the petitioner's
representation dated 14.02.2020. In the event it is found that the petitioner is
entitled for the same, necessary sanction for payment of the Ex-Gratia Grant
should be provided by the respondent No. 1. The entire exercise should be
concluded with a period of 3 (three) months from the date of receipt of a
certified copy of this order.
Writ petition is accordingly disposed of.
JUDGE
Comparing Assistant
