MANORANJAN BARUAH AND ANR v. THE STATE OF ASSAM AND 4 ORS
WP(C)/5957/2023 · 2026-02-23
Sanjay Kumar Medhi
Writ Petition (Civil)body2023
DailyLaw.ai
[ 2023 DAILYLAW 1686 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2023 DAILYLAW 1686 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010226752023
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5957/2023 MANORANJAN BARUAH AND ANR S/O- LATE MATIRAM BARUAH 2: CHIMLEE BARUAH D/O- MANORANJAN BARUAH
BOTH ARE R/O VILLAGE- JALAH (KHUTICHUBA)
P.O- PALAHGARH
P.S- TANGLA
DIST- TANGLA DIST- UDALGURI (BTR) ASSAM PIN-784521 (AS THE PETITIONER NO. 2 IS A MINOR THEREFORE SHE IS REP. BY THE PETITIONER NO. 1 AS NATURAL GUARDIAN VERSUS THE STATE OF ASSAM AND 4 ORS REP. 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 GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-781006.
Page No.# 2/3 3:THE DISTRICT COMMISSIONER DIST-UDALGURI P.O AND P.S- UDALGURI PIN-784509
ASSAM.
4:THE CIRCLE OFFICER
HARISINGA REVENUE CIRCLE P.O- HARISINGA
DIST.- UDALGURI PIN-784510 BTAD ASSAM.
5:THE OFFICER IN CHARGE KALAIGAON POLICE STATION
P.O- KALAIGAON DIST- UDALGURI ASSAM PIN-78452 Advocate for the Petitioner : S I AKAND, MR. R Deka Advocate for the Respondent : SC, REVENUE, SC, FINANCE,GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 24.02.2026 Heard Shri SI Akand, learned counsel for the petitioner. Also heard Shri N. Das, learned State Counsel and Shri Satyajeet Dutta, learned State Counsel, Revenue Department. The matter is with regard to a claim for ex gratia compensation for the death of one Babita Deka by a motor vehicle accident occurring on 09.02.2019.
Page No.# 3/3 The claim is based on Government Circular dated 15.11.2014. Both Shri Akand, learned counsel for the petitioner and Shri N. Das, learned State Counsel have fairly informed this Court that a Coordinate Bench of this Court in the case of Monisa Khatun @ Monisha Khatun reported in 2024:GAU-AS:6090 has held that for a motor vehicle case simpliciter, the aspect of payment of ex gratia would not apply. Shri Akand, learned counsel for the petitioner has also informed that though a writ appeal was preferred in a similar case, the same was dismissed as being infructuous. Be that as it may, in view of the principles laid down by a Coordinate Bench of this Court in the aforesaid case of Monisa Khatun (supra), this Court is of the view that there is no reason to have different opinion on the subject matter. Therefore, following the principles laid down in the aforesaid case, the instant writ petition is dismissed. JUDGE Comparing Assistant