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2023 DAILYLAW 1582 (GAU)

MAIKAN DEKA v. THE STATE OF ASSAM AND 5 ORS

WP(C)/6406/2023 · 2026-03-22

N Unni Krishnan Nair

Writ Petition (Civil)body2023

Judgment text

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Page No.# 1/3 GAHC010243362023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6406/2023 MAIKAN DEKA W/O LT. KARUNA KANTA DEKA, VILL-NANARA, P.O.-KARARA, P.S.- BAIHATA CHARIALI, DIST-KAMRUP (R), ASSAM, PIN-782381 VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE (RELIEF AND REHABILITATION) AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-06 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-06 3:THE DISTRICT COMMISSIONER KAMRUP (R) ASSAM P.O. AND P.S.-AMINGAON DIST-KAMRUP (R) ASSAM PIN-781031 4:THE CIRCLE OFFICER KAMALPUR REVENUE CIRCLE P.O. AND P.S.-KAMALPUR DIST-KAMRUP (R) ASSAM PIN-784164 5:THE SUPERINTENDENT OF POLICE Page No.# 2/3 KAMRUP (R) ASSAM P.O. AND P.S.-AMINGAON DIST-KAMRUP (R) ASSAM PIN-781031 6:THE OFFICER-IN-CHARGE BAIHATA CHARIALI POLICE STATION P.O.-BAIHATA CHARIALI DIST- KAMRUP (R) ASSAM PIN-78138 Advocate for the Petitioner : MR. M HUSSAIN, MR A.K. MOLLAH,MR M KHAN,MR. R I MONDAL Advocate for the Respondent : SC, REVENUE, GA, ASSAM,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 23.03.2026 None appears for the petitioner on call. There was no representation on behalf of the petitioner on the last date of listing also i.e. on 19.03.2026. 2. Also heard Ms. N. Bordoloi, learned Standing Counsel, Revenue & Disaster Management Department, appearing for the respondent no.1, as well as Mr. A. Chaliha, learned Standing Counsel, Finance Department, appearing for the respondent no.2 and Mr. B. J. Talukdar, learned Addl. Senior Government Advocate, assisted by Mr. P. K. Medhi, learned counsel, appearing for the respondent nos.3, 4, 5 & 6. 3. The petitioner in the present writ petition has raised a grievance with regard to the non authorization to him of an ex-gratia amount of Rs.2,00,000/- (Rupees Two Lakhs), in pursuance to the death of his son due to injuries sustained in a traffic accident, occasioning at a public place on 03.01.2023. Page No.# 3/3 4. This Court has already held that other than hit and run cases, the ex-gratia compensation would not be mandated to be so released, inasmuch as, the claimant can approach the jurisdictional Motor Accident Claims Tribunal (MACT), claiming compensation for the accident occasioning. 5. In the present case, this Court finds that the identity of the offending vehicle is on record, and the same finds mentioned in the FIR filed by the petitioner. The petitioner in the present proceedings has also not contended that proceedings before the jurisdictional MACT was not instituted. 6. In view of the above, the present writ petition would be mandated to be dismissed on merit. However there being none to press the writ petition on behalf of the petitioner, the present writ petition stands dismissed for non prosecution. JUDGE Comparing Assistant