Gauhati High Court
Rupsina Khatun vs The State Of Assam And 5 Ors on 21 January, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
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GAHC010002192025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/140/2025
RUPSINA KHATUN
W/O LT. AZIAR RAHMAN, R/O VILL- PURAN DIARA, P.S.-MANKACHAR,
DIST-SOUTH SALMARA MANKACHAR, ASSAM, PIN-783131
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, DISPUR,
GHY-06
2:COMM. AND SECY. TO THE GOVT. OF ASSAM
REVENUE (RELIEF AND REHABILITATION) AND DISASTER
MANAGEMENT
DISPUR
GHY-06
3:COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
FINANCE DEPARTMENT
DISPUR
GHY-06
4:THE DEPUTY COMMISSIONER
GOLAGHAT
DIST- GOLAGHAT
ASSAM
PIN-785621
5:THE CIRCLE OFFICER
GOLAGHAT REVENUE CIRCLE
P.O. AND P.S.-GOLAGHAT
DIST- GOLAGHAT
ASSAM
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PIN-785621
6:THE OFFICER -IN- CHARGE OF BOKAKHAT POLICE STATION
P.O. AND P.S.-BOKAKHAT
DIST- GOLAGHAT
ASSAM
PIN-78561
Advocate for the Petitioner : MR. A Z AHMED,
Advocate for the Respondent : GA, ASSAM, SC, REVENUE,SC, FINANCE
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : - 21.01.2025
Heard Mr. A.Z. Ahmed, learned counsel for the petitioner; Ms. S. Konwar, learned
Junior Government Advocate, Assam for the respondent nos. 1, 4, 5 & 6; Ms. P.R. Mahanta,
learned Standing Counsel, Revenue Department for the respondent no. 2 and Mr. B. Gogoi,
learned Standing Counsel, Finance Department for the respondent no. 3.
2. The case projected by the petitioner, in brief, is that her husband, Aziar Rahman while
travelling by a vehicle, bearing registration no. AS - 01 / PC - 7747 [Bolero] from Mankachar
towards Golaghat on 29.04.2023, met with death due to an accident occurred on National
Highway no. 37 under Kohora Police Outpost. The accident occurred when the vehicle where
the petitioner's husband was an occupant, collided with a truck bearing registration no. AS -
01 / AC - 6438. The petitioner has sought for a direction to the State respondents to disburse
an amount of Rs. 2,00,000/- as ex gratia grant in terms of a Notification dated 15.11.2024 of
the Revenue and Disaster Management Department, Government of Assam.
3. Ms. Mahanta, learned Standing Counsel, Revenue Department has submitted that a
coordinate bench in a Judgment & Order dated 21.06.2024 passed in W.P.[C.] no. 2700/2023
has observed that the Notification dated 15.11.2014 cannot be read as if all persons suffering
from any accident except a hit and run case where the offending vehicle has remained
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unidentified in the final form of the police investigation, could become entitled to ex gratia
where other statutory remedy is available. Thus, the case of the petitioner cannot be brought
within the purview of the Notification dated 15.11.2014.
4. Ms. Konwar, learned Junior Government Advocate, Assam has submitted that
subsequent to the Notification dated 15.11.2014, another notification has been issued on
31.10.2023 by the Revenue and Disaster Management Department specifically excluding the
cases of victims of motor accident, except hit and run cases and 3 rd party [not travelling in
vehicle] persons hit by vehicles at public places from the purview of the ex gratia policy
notified by the earlier Notification dated 15.11.2014. The Notification dated 31.10.2023 is in
supercession of the Notification dated 15.11.2014 and the notification has come into force
w.e.f. 01.11.2023.
5. Mr. Rahman, learned counsel for the petitioner has submitted that in W.P.[C.] no.
2100/2019, [Gunalata Das and others vs. State of Assam and others] and a batch of writ
petitions, it has been held that ex gratia payment is disbursable, notwithstanding availability
of statutory remedy.
6. On a cursory look and the Judgment & Order dated 21.06.2024, it is noticed that the
decision in Gunalata Das [supra] has been discussed.
7. The matter would require further consideration.
8. Let notice be issued, returnable on 21.02.2025.
9. As Ms. Konwar, learned Junior Government Advocate, Assam has appeared and
accepted notices on behalf of the respondent nos. 1, 4, 5 & 6; Ms. Mahanta, learned Standing
Counsel, Revenue Department has appeared and accepted notice for the respondent no. 2;
and Mr. Gogoi, learned Standing Counsel, Finance Department has appeared and accepted
notice for the respondent no. 3, formal notices need not be issued to the said respondents.
Mr. Ahmed, learned counsel for the petitioner shall furnish requisite nos. of extra copies of the
writ petition along with the annexures, to Ms. Konwar, Ms. Mahanta and Mr. Gogoi within 2
[two] working days from today.
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10. List the case on 21.02.2025.
JUDGE
Comparing Assistant
