MINATI DAS v. THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM AND 4 ORS.
WP(C)/2955/2023 · 2025-08-31
N Unni Krishnan Nair
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 12262 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12262 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010100082023
undefined
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2955/2023 MINATI DAS W/O- LATE KANAI DAS, VILLAGE- HORIYAHTALI, P/S- NALBARI, DIST- NALBARI, ASSAM. VERSUS THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM AND 4 ORS.
REVENUE (RELIEF AND REHABILITATION) AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GHY-06.
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GHY-06.
3:THE DEPUTY COMMISSIONER NALBARI PIN- 781335.
4:THE CIRCLE OFFICER NALBARI REVENUE CIRCLE PIN- 781335.
5:THE OFFICER-IN-CHARGE OF NALBARI SADAR POLICE STATION NALBARI
Page No.# 2/3 PIN- 781335 ASSAM Advocate for the Petitioner : MR MINTU SAIKIA, MS R DUTTA Advocate for the Respondent : SC, REVENUE, GA, ASSAM,SC, FINANCE
BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER
01/09/2025 None appears for the petitioner on call. Heard Ms. N Bordoloi, learned Standing counsel, Revenue and Disaster Management Department for the respondent No. 1 and Mr. J Handique, learned Government Advocate, Assam appearing for the respondent Nos. 3, 4 & 5. The petitioner in the present petition has prayed for a direction upon the respondent authorities to authorize to her ex-gratia amount of Rs.2,00,000/- in terms of the Notification dated 15.11.2014 on account of the death occasioned to her husband in a public place on being involved in a motor vehicle accident. A perusal of the materials brought on record, reveals that the offending vehicle is duly identified and the registration number thereof is set out in the present writ petition. In view of the said fact and it not being a case of hit and run, the petitioner is required to institute appropriate proceedings before the jurisdictional Motor Accident Claims Tribunal for compensation in relation to the death occasioned to her husband in pursuance to a vehicular accident. In view of the above position, this Court is of the considered view that the petitioner would not be entitled to be authorized ex-gratia under the provisions of the said Notification dated
15.11.2014. However, in view of the fact that none has entered appearance for the petitioner today and
Page No.# 3/3 also on the last date of listing, i.e., on 13.12.2024, this Court refrains from deciding the case on merit and proceeds to dismiss the writ petition for non-prosecution.
JUDGE Comparing Assistant