Page No.# 1/6 GAHC010109192016 2025:GAU-AS:5211 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1952/2016 JAHAR UDDIN SK and 52 ORS S/O- SAIM UDDIN SK, VILL.- MOJABARI, P.S. and DIST.- KOKRAJHAR. 2: NAYANTON BIBI W/O- MOHAMMAD ALI MOJABARI P.S. and DIST.- KOKRAJHAR. 3: MOHAMMAD ALI S/O- LT. NOSER UDDIN SK VILL.- MOJABARI P.S. and DIST.- KOKRAJHAR. 4: SAHAJAN ALI SK S/O- MOGAL SK VILL.- DURAMARI P.S. and DIST.- KOKRAJHAR. 5: SAHINUR SK MINOR S/O- ABDUL SK REP. BY HIS FATHER ABDUL SK R/O VILL.- JAOLIPARA P.S. and DIS- KOKRAJHAR. 6: HALIMA BIBI W/O- ABDUL SK VILL.- JAOLIPARA P.S. and DIST.- KOKRAJHAR 7: JAIRUL ISLAM S/O- ABDUL SK VILL.- JAOLIPARA P.S. and DIST.- KOKRAJHAR. Page No.# 2/6 8: MIJANUR ALI MINOR REP. BY HIS FATER S/O- ABDUL SK VILL.- JAOLIPARA P.S. and DIST.- KOKRAJHAR. 9: MOKADDUS ALI MINOR REP. BY HIS FATHER S/O- AJIR ALI VILL.- DURAMARI P.S. and DIST.- KOKRAJHAR. 10: SORBHAN BEWA W/O- LT. MONSER ALI VILL.- JAOLIPARA P.S. and DIST.- KOKRAJHAR VERSUS THE STATE OF ASSAM AND 2 ORS REP. BY THE ADDL. CHIEF SECY. TO THE GOVT. OF ASSAM, REVENUE and DISASTER MANAGEMENT DEPTT., RELIEF AND REHABILITATION BRANCH, DISPUR, GHY- 6. Advocate for the Petitioner : MR.I A TALUKDAR, MS.P BARMAN Advocate for the Respondent : GA, ASSAM, SC, REVENUE AND DISASTER MANAGEMENT DEPT,SC, BTC Page No.# 3/6 BEFORE HON’BLE MR. JUSTICE KARDAK ETE O R D E R 30.04.2025 Heard Mr. I. A. Talukdar, learned counsel for the petitioners. Also heard Ms. G. Hazarika, learned Standing Counsel for the Revenue Department, Govt. of Assam. 2. By filing this writ petition, the petitioners 53 in numbers, have prayed for a direction to the respondent authorities to provide financial assistance to the petitioners on account of grievous/simple injuries sustained during the ethnic riot in the year 2012 in the district of Kokrajhar, Assam. 3. The petitioners’ claims to be the violence effected persons having sustained grievous/simple injuries on account of the ethnic riots which took place in the year 2012 in the district of Kokrajhar, Assam. 4. It is the contention of the petitioner that as per the policy of the State of Assam, the effected persons of ethnic riots is entitled to financial assistance. After the said ethnic violence in the district of Kokrajhar, a proposal was sent by the Deputy Commissioner on 03-07-2014 for sanction of financial assistance to the Additional Chief Secretary, to the Government of Assam, Revenue and Disaster Management Department consisting of 67 persons. However, as on today no financial assistance has been provided to the effected persons in the said ethnic riot. 5. The state has filed an affidavit admitting that a huge number of people were affected in the said ethnic violence that occurred in the Bodoland Territorial Autonomous District and Neighbouring Districts during 2012. Page No.# 4/6 Considering the, depth of the situation, the Government vide Notification dated 24-01-2013, delegated financial power to the Deputy Commissioner of Kokrajhar, Chirang, Bongaigaon, and Dhubri to sanction financial assistance @ Rs. 50,000/- each to grievously injured persons and @ Rs.10,000/- each to simple injured persons in the said violence, which was valid up to 31-12-2013. 6. It is further stated that, after the expiry of the delegation period, Deputy Commissioner, Kokrajhar, has submitted the proposal for sanction of financial assistance in respect of 67 members of grievously and simple injured vide proposal dated 03-07-2014. On examination, the proposal of Deputy Commissioner, the department has found a list of 70 injured persons (57 grievously injured and 13 simply injured) without supported by proper medical reports from the Competent Authority and the Superintendent of Police. Accordingly, the Department has returned the list of 70 persons along with its enclosures in the prescribed format along with relevant documents, which is under examination of the Deputy Commissioner. 7. The learned Standing Counsel Ms. G. Hazarika, on 12-06-2024, has placed a copy of the communication dated 11-06-2024, informing that the budget for an amount of Rs. 1,30,000/- has been allotted for payment of financial assistance to 13 numbers of simple injured persons at the rate of Rs. 10,000/- each. However, in respect of other 57 grievously injured persons, no instruction has been received by her till today. Today, however, she submits that in respect of 13 simple injured persons, the amount at the rate of Rs. 10,000/- each has already been disbursed and the rest 57 grievously injured persons are still under consideration. 8. Mr. I.A. Talukdar, learned counsel for the petitioners submits that he has no instruction as to whether some of the petitioners, who are within 13 simple Page No.# 5/6 injured persons have received the financial assistance as stated by the learned Standing Counsel. 9. Having considered the submissions of the learned counsel for the parties and considering that the petitioners are admittedly entitled to be provided with the financial assistance on account of the injury sustained during the ethnic riot in the district of Kokrajhar, in the year 2012, I am of the considered view that keeping this petition pending would not serve any purpose, particularly in view of the fact that 13 persons, who have received simple injury appears to have been already provided with the financial assistance and in respect of the remaining 57 persons who stated to have received grievous injuries are said to be under consideration since nearly a year. It would be appropriate to dispose of this writ petition with a direction to the respondent authorities, particularly, the Revenue Department to expedite the process of consideration by verifying the entitlement of the petitioners as well as other equally situated persons and to provide the financial assistance. 10. Accordingly, the writ petition is disposed of with a direction to the respondent authorities, particularly Revenue Department to verify the persons, including the petitioners, who have sustained injuries in the said ethnic violence in the year 2012 in the district of Kokrajhar within a period of three months from the date of receipt of this order and thereafter, the financial assistance shall be provided within a period of two months strictly in accordance with the applicable policy of the State. 11. With the above observation and direction, the writ petition stands disposed of. JUDGE Page No.# 6/6 Comparing Assistant