Page No.# 1/3 vs The State Of Assam And 4 Ors
2024 Latest Caselaw 5010 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And 4 Ors on 22 July, 2024

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                   Page No.# 1/3

GAHC010098432023




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

                          Case No. : WP(C)/2652/2023

         MANJUBALA DEKA @ MANJU DEKA AND 2 ORS.
         W/O- LATE KANDARPA DEKA, R/O- VILL.- NIZ-CHENGA, P.O. CHENGA, P.S.
         TARABARI, DIST. BARPETA, ASSAM, PIN- 781305.

         2: SAYANIKA DEKA
          D/O- LATE KANDARPA DEKA
          R/O- VILL.- NIZ-CHENGA
          P.O. CHENGA
          P.S. TARABARI
          DIST. BARPETA
         ASSAM
          PIN- 781305.

         3: SMTI. PRABHABALA DEKA
         W/O- LATE RAMA KANTA DEKA
          R/O- VILL.- NIZ-CHENGA
          P.O. CHENGA
          P.S. TARABARI
          DIST. BARPETA
         ASSAM
          PIN- 781305

         VERSUS

         THE STATE OF ASSAM AND 4 ORS.
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
         GOVERNMENT OF ASSAM, REVENUE ( RELIEF AND REHABILITATION)
         AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-
         781006.

         2:THE COMMISSIONER AND SECRETARY
         TO THE GOVT. OF ASSAM
          FINANCE DEPARTMENT
          DISPUR
                                                                           Page No.# 2/3

            GUWAHATI-06.

            3:THE DEPUTY COMMISSIONER OF BARPETA
            ASSAM
             P.O. AND P.S. BARPETA
             PIN- 781314.

            4:THE CIRCLE OFFICER
             CHENGA REVENUE CIRCLE
             P.O. CHENGA
             P.S. TARABARI
             DIST. BARPETA
            ASSAM
             PIN- 781305.

            5:THE OFFICER-IN-CHARGE
            TARABARI POLICE STATION
             P.O. TARABARI
             DIST. BARPETA
            ASSAM
             PIN- 781302

               For the Petitioner(s)     : Mr. S. I. Akand, Advocate

               For the Respondent(s)           : Mr. R. Borpujari, Standing Counsel




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                       ORDER

Date : 22.07.2024

The instant case pertains to non-payment of the ex-gratia grant to the Petitioners on account of the death of one Shri Kandarpa Deka (since deceased) who expired in a road traffic accident.

2. Mr. R. Borpujari, the learned Standing counsel has drawn the attention of this Court to the judgment of the Co-ordinate Bench of this Court dated 21.06.2024 in WP(C) No.2700/2023 wherein the Co-ordinate Page No.# 3/3

Bench of this Court categorically held that the notification dated 15.11.2014 cannot be read as if all persons suffering from any accident except hit and run case where the offending vehicle remains unidentified in the Final Form after police investigation, would be entitled to ex-gratia where other statutory remedy is available.

3. Taking into account the above, the Petitioners are directed to file an affidavit as to whether any final form/charge sheet has been submitted by the police in respect to the accident in question and as to whether the offending vehicle in question have been identified.

4. List the matter again on 19.08.2024.

JUDGE

Comparing Assistant