Tamij Ali vs The State Of Assam And Ors
2025 Latest Caselaw 5388 Gua

Gauhati High Court

Tamij Ali vs The State Of Assam And Ors on 16 June, 2025

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                          Page No.# 1/2

GAHC010047772025




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

                                 Case No. : WP(C)/2516/2025

            TAMIJ ALI
            S/O- LATE ABDUL ALI, R/O MLL.- DOKOHA, P.O.- ARANGAMOW, P.S.-
            NALBARI, DIST- NALBARI, ASSAM, PIN- 781347



            VERSUS

            THE STATE OF ASSAM AND ORS
            REP.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 DEPPTT DISPUR
             GUMHAT 6

            3:THE DISTRICT COMMISSIONER NALBARI
             DIST NALBAARI ASSAM PO AND PS NALBARI PIN 781335

            4:THE CIRCLE OFFICER
             BARBHAG REVENUE CIRCLE PO KAMARKUCHI PS NALBARI DIST
            NALBARI ASSAM PIN 781347

            5:THE OFFICER IN CHARGE
             NALBARI PS PO NALBARI DIST NALBARI ASSAM PIN 78133

Advocate for the Petitioner   : S I AKAND, MR A CHOUDHURY,MR. R Deka

Advocate for the Respondent : SC, REVENUE, SC, FINANCE,GA, ASSAM
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                                 BEFORE
                HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                      ORDER

16-06-2025 Heard Shri S. I. Akand, learned counsel for the petitioner. Also heard Shri S. S. Roy, learned State Counsel as well as Ms. G. Hazarika, learned Standing Counsel, Revenue Department.

The matter pertains to a claim for ex-gratia in connection with death in a motor vehicle accident.

Both the learned counsel for the respondents have however placed before this Court an order dated 21.06.2024 passed by a Coordinate Bench in WP(C)/2700/2023, in which this Court after elaborate discussion had held that the notification for ex-gratia dated 15.11.2024 cannot be extended to a case of this nature.

Though Shri Akand, the learned counsel for the petitioner has submitted that the accident in question is prior to the date of the judgment, such submission would not be sustainable in view of the fact that the judgment of the Court is always retrospective unless the same is clarified by the Court itself. At this stage, the learned counsel for the petitioner submits that he would like to withdraw the writ petition.

Writ petition accordingly stands dismissed on withdrawal.

JUDGE

Comparing Assistant