Gauhati High Court
Md. Samshul Haque vs The State Of Assam And 4 Ors on 20 September, 2023
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GAHC010007302021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/249/2021
MD. SAMSHUL HAQUE
S/O- LT. SAIDUR RAHMAN BARBHUYAN, R/O- VILL- BAKOLA, P.O.
BAKOLA, P.S. JAMUGURI, DIST.- SONITPUR, ASSAM, PIN- 784182
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REP. BY THE SECY. TO THE GOVT. OF ASSAM, REVENUE AND DISASTER
MANAGEMENT DEPTT., DISPUR, GHY-6, ASSAM
2:JOINT SECRETARY
IMPLEMENTATION OF ASSAM ACCORD DEPTT.
DISPUR
GHY-6
ASSAM
3:THE DY. COMMISSIONER
SONITPUR
ASSAM
4:THE CIRCLE OFFICER
NADUAR REVENUE CIRCLE
SATIA
DIST.- SANITPUR
ASSAM
5:ASSAM MARTYRS AND VICTIMS AID TRUST
UZANBAZAR
GHY
ASSAM
REP. BY ITS PRESIDEN
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For the Petitioner(s) : Ms. R. Saha, Advocate
For the Respondent(s) : Ms. P. R. Mahanta, SC
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
JUDGMENT AND ORDER (ORAL)
Date : 20-09-2023
1. The instant writ petition has been filed by the nephew of one Mizazur
Rahman Borbhuyan who had lost his life on 20.03.1983 being a victim of the
police atrocities during the Assam Agitation of 1979-85 and he was declared as
a Martyr of Assam Agitation of 1979-85 which is reflected in the list of 860
Martyrs as published by the Government of Assam.
2. It is claimed in the writ petition that the Government of Assam has a
Scheme for grant of Ex-gratia of an amount of Rs.5,00,000/- to the Next of Kin
(NOK) of the Martyrs of Assam Agitation. The records of the writ petition shows
that on 02.03.1990, an amount of Rs.30,000/- was sanctioned for the purpose
of payment to one Saidur Rahman Borbhuyan as Ex-gratia for the martyr
Mizazur Rahman Borbhuyan and the said amount was received. Subsequent
thereto, another scheme was issued whereby an amount of Rs.5,00,000/- was
declared to be the Ex-gratia to be paid as a token of respect towards the
contribution of martyrs for the development of the State.
3. From the records of the writ petition, it reveals that the Circle Officer,
Naduar Revenue Circle, Soetia had submitted an enquiry verification report
stating that the Petitioner is the Next of Kin of Late Mizazur Rahman Borbhuyan.
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Subsequent thereto, the Deputy Commissioner of Sonitpur, Tezpur had issued a
communication to the Joint Secretary to the Government of Assam,
Implementation of Assam Accord Department placing the various details to the
effect that the Petitioner is the Next of Kin of Late Mizazur Rahman Borbhuyan
along with bank details etc. for disbursement of the Ex-gratia amount.
Thereupon, on 23.10.2019, the Joint Secretary to the Government of Assam,
Implementation of Assam Accord Department issued a communication to the
President/Secretary, Assam Martyrs and Victims Aid Trust to make necessary
verification in connection with the Ex-gratia grant of Rs.5,00,000/- to the
Petitioner as the Next of the Kin of Martyr Mizazur Rahman Borbhuyan who was
unmarried. The Petitioner thereupon was expecting the said amount to be
released but as nothing was done, a representation was submitted to the Assam
Martyrs and Victims Aid Trust on 04.12.2019. However, as nothing was done,
the instant writ petition was filed.
4. This Court vide an order dated 27.01.2021 issued notice. The Respondents
have not filed any affidavit. It is however relevant to take note of that this Court
had specifically directed the Revenue Department, Government of Assam on
04.08.2023 to file an affidavit whether a nephew of an unmarried martyr can be
considered as a Next of Kin for grant of Ex-gratia in terms with the Scheme
dated 10.12.2016. However, the said affidavit was not filed on the date so fixed
i.e. on 28.08.2023. On 28.08.2023, this Court further granted time to the
Revenue Department to file the affidavit as directed earlier and it was also
observed by this Court that if no such affidavit is filed, it would be deemed that
the Revenue Department had no objection to grant the benefits even to the
nephew of a martyr.
5. Today, when the matter has been taken up, Mrs. P. R. Mahanta, the learned
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Counsel appearing on behalf of the Revenue Department submitted that in spite
of various communications, the Revenue Department of the Government of
Assam have not responded to the same.
6. I have heard the learned counsels for the parties. Although, the Petitioner
herein has claimed entitlement for an amount of Rs.5,00,000/- on account of
some scheme for grant of Ex-gratia to the martyrs of the Assam Agitation but
such scheme has not been enclosed to the instant writ petition. The Respondent
Authorities have not also produced any such scheme. This Court finds it relevant
to observe that the Respondent Revenue Department also in spite of various
opportunities being granted have not filed any affidavit clarifying their stand as
to whether the nephew of an unmarried martyr would not be entitled to the Ex-
gratia and under such circumstances, this Court has to assume that the
Revenue Department of the Government of Assam duly accepts that nephew of
an unmarried martyr would be a Next of Kin for grant of Ex-gratia payment.
7. Be that as it may, as the said scheme has not been enclosed but there are
only correspondences between the authorities which shows that there is a
Scheme, this Court directs the Commissioner and Secretary, Government of
Assam, Revenue and Disaster Management Department to verify whether there
is any scheme for grant of Ex-gratia amount for the Next of Kin for martyrs of
the Assam Agitation and if such scheme exist, the Petitioner be disbursed an
amount of Rs.4,70,000/- within a period of 4 (four) weeks from the date a
certified copy of the instant order is served upon the Commissioner and
Secretary, Government of Assam, Revenue and Disaster Management
Department. The said amount of Rs.4,70,000/- has been directed to paid
(subject to existence of the scheme) on the ground that an amount of
Rs.30,000/- has already been paid to the father of the Petitioner earlier.
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8. With above observations and directions, the instant writ petition stands
disposed of.
JUDGE
Comparing Assistant
