Nirupama Kalita vs The State Of Assam And 5 Ors
2025 Latest Caselaw 7008 Gua

Gauhati High Court

Nirupama Kalita vs The State Of Assam And 5 Ors on 4 September, 2025

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GAHC010239272022




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

                           Case No. : WP(C)/7527/2022

         NIRUPAMA KALITA
         D/O- LATE KANDARPA KALITA, VILL.- BAPUPARA PT-I, P.O. AND P.S. AGIA,
         DIST. GOALPARA, ASSAM, PIN- 783101.



         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT,
         RELIEF AND REHABILITATION BRANCH, DISPUR, GUWAHATI-06.

         2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
          FINANCE DEPARTMENT
          DISPUR
          GUWAHATI-06.

         3:THE DEPUTY COMMISSIONER
          GOALPARA
          P.O. AND DIST. GOALPARA
         ASSAM
          PIN- 783101.

         4:THE SUPERINTENDENT OF POLICE
          GOALPARA
          P.O. AND DIST. GOALPARA
         ASSAM
          PIN- 783101.

         5:THE OFFICER-IN-CHARGE OF AGIA POLICE STATION
          P.O. AND P.S. AGIA
          DIST. GOALPARA
         ASSAM
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             PIN- 783101.

            6:THE CIRCLE OFFICER OF AGIA REVENUE CIRCLE
             P.O. AND DIST. GOALPARA
            ASSAM
             PIN- 783120

Advocate for the Petitioner   : MR. M R KHANDAKAR, MR A K AZAD

Advocate for the Respondent : GA, ASSAM, MR. D K SARMAH, ADDL. SR. GA, ASSAM (R-3
TO 6),SC, FINANCE,MR A BHATTACHARJEE, SC, REVENUE & DM DEPTT., ASSAM (R-1)




                                    BEFORE
                    HONOURABLE MR. JUSTICE RAJESH MAZUMDAR

                                        ORDER

Date : 04-09-2025

Heard Mr. M.R. Khandakar, learned counsel for the petitioner. Also heard Mr. R. Borbujari, learned counsel for the respondent No.1 and Ms. R.B Borah, learned counsel for the respondent No. 3, 4, 5 & 6.

It is submitted at bar that by the order dated 21.06.2024 passed in W.P. (C) No. 2700/2023, this Court has held that the benefits of ex-gratia as per the O.M No. RR.33/2014/66 dated 15.11.2014 will not be available to the victim or legal heirs, if the accident was not in connection with acts committed by extremist, terrorist, or miscreants or during communal violence/ethnic violence/group clash.

The learned counsel for the parties submits that in principle the finding given by the Court in W.P.(C) No. 2700/2023 would also govern the present case. In such view of the matter, the present writ petition is closed in terms of the judgment & order dated 21.06.2024 passed in W.P.(C) No. 2700/2023 and is Page No.# 3/3

accordingly dismissed.

It is submitted at bar that a writ appeal has been preferred against the order dated 21.06.2024 and if that be so, it is made clear that the final adjudication of such writ appeal shall also govern the case of the petitioner in this writ petition.

Accordingly, the writ petition stands disposed.

JUDGE

Comparing Assistant