Page No.# 1/6 GAHC010232102016 2025:GAU-AS:8547 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/706/2016 HABIBUR RAHMAN and 6 ORS S/O- A. HAMID, VILL.- NANGALBHANGA, P.S.- BASUGAON, DIST.- CHIRANG B.T.A.D., ASSAM. 2: HABIBUR RAHMAN MONDAL S/O- SUBHAN ALI VILL.- PANIAGAON P.S.- BASUGAON DIST.- CHIRANG B.T.A.D. ASSAM. 3: JAFAR ALI S/O- LT. ABDUL SALAM MANDAL VILL.- NANGALBHANGA P.S.- BASUGAON DIST.- CHIRANG B.T.A.D. ASSAM. 4: JOYNUL ABUBAKKAR S/O- LT. JUBBAR ALI SK. VILL.- SARAGAON P.S.- BASUGAON DIST.- CHIRANG B.T.A.D. ASSAM. 5: MOZUBUR RAHMAN S/O- LT. SABED ALI MANDAL VILL.- SARAGAON P.S.- BASUGAON DIST.- CHIRANG B.T.A.D. Page No.# 2/6 ASSAM. 6: OSMAN GONI S/O- ABDUR RAHIM VILL.- PANIAGAON P.S.- BASUGAON DIST.- CHIRANG B.T.A.D. ASSAM. 7: MONIRUDDIN SIDDIQUE S/O- LT. SAHABUDDIN VILL.- PANIAGAON P.O. and VILL.- PANIAGAON P.S.- BASUGAON DIST.- CHIRANG B.T.A.D. ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE SECY., DEPTT. OF RELIEF AND REHABILITATION, GOVT. OF ASSAM, DISPUR, GUWAHATI, ASSAM. 2:THE COMMISSIONER RELIEF and REHABILITATION GOVT. OF ASSAM. 3:THE DY. COMMISSIONER KOKRAJHAR KOKRAJHAR ASSAM. 4:THE CIRCLE OFFICER SIDLI REVENUE CIRCLE SIDLI DIST.- CHIRANG ASSAM. 5:THE DY. COMMISSIONER CHIRANG ASSAM Advocate for the Petitioner : MR. B C DAS, MR. R K BORAH,MS. A AHMED,MR. A SAHAD,MR. J B SAIKIA Advocate for the Respondent : GA, ASSAM, Page No.# 3/6 BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 25.06.2025 1. Heard Mr. A Sahad, learned counsel for the petitioners. Also heard Mr. SS Roy, learned counsel for the respondents. 2. It is the case of the petitioners that they were affected in the ethnic clashes that occurred in the year 1993 and their names have figured in the verification report prepared by authorities as sufferers. According to the learned counsel for the petitioners, the petitioners have not been paid their rehabilitation grant as was paid to others. 3. In the aforesaid backdrop, the petitioners along with some others preferred a writ petition registered as WP(C) No.3787/2011 and the said writ petition was disposed of by this court under its order dated 07.09.2011 by directing the Addl. Chief Secretary, Revenue and Disaster Management Department to cause an enquiry relating to the claim of the petitioners and pass a speaking order in this regard. The said exercise was directed to be completed within a period of two months from the date of receipt of a certified copy. 4. Subsequently, by an order dated 19.03.2012 (Annexure- 12), the Principal Secretary to the Govt. of Assam. Revenue & Disaster Management Department, Relief & Rehabilitation Branch held that all the affected families were given rehabilitation grant of Page No.# 4/6 Rs. 10,000/- per families as per the prescribed norms. 5. In the aforesaid order, a stand is taken that as all the eligible families were already given rehabilitation grant and therefore, the claim of the petitioners that they have not received any rehabilitation grant, can’t be entertained. Assailing the aforesaid order, the present writ petition is filed. 6. Mr. Sahad, learned counsel for the petitioners fairly submits that he has no contact with his client inasmuch as he could not take proper steps in terms of the order dated 04.06.2025, by which it was observed that the Circle Officer, Sidli Revenue Circle, in the district of Chirang, BTAD shall be a necessary party. 7. The whole basis of the claim of the petitioners is the list prepared by the Circle Officer, Sidli Revenue Circle, Sidli. The said list is also annexed with the writ petition. The petitioner No.1’s name is listed at serial No.16 in the list of the families whose houses were completed gutted in the ethnic riot, though his name is wrongly written as Habibur Rahman instead of Habibur Rahman Mondal. It is seen that the name of the petitioner No.2 and his family is listed at serial No.2 whose houses were completed damaged in the ethnic riot 1993. 8. In the list of families whose houses were completely gutted in the ethnic riot in the year 1993, the name of the petitioner No.3 is also found. It is also claimed by the learned counsel for the petitioner that name of the petitioner No.4 is found at serial No.12, though it is wrongly typed as Joynal Munsi, instead Page No.# 5/6 of Joynal Abu Bakkar. The name of the petitioner No.5 is placed at serial No.27, the name of the petitioner No.6 is placed at serial No.16, and the name of the petitioner No.7 is placed at serial No.43 in the list of families who suffered complete damage in the ethnic riot in the year 1993. 9. This court after perusal of the aforesaid documents and the impugned order, is of the view that the Principal Secretary to the Govt. of Assam, Revenue & Disaster Management Department, Relief & Rehabilitation Branch, while rejecting the claim of the petitioners had not dealt with the aforesaid list prepared by the Circle Officer, Sidli Revenue Circle and has not verified as to whether, the petitioners names are actually listed in the aforesaid list, and whether they are entitled for such a benefit but rejected their claim on the ground that all the families have already been paid the benefit. 10. Therefore, in the considered opinion of this court, more particularly in view of the direction passed by this court in WP(C) No.3787/2011, the Principal Secretary, Govt. of Assam ought to have verified the actual status of the petitioners and thereafter, ought to have obtained a report from the Sidli Revenue Circle as regards the authenticity of the claim of the petitioners, inasmuch as, it is their claim that their names have already been listed after verification by the Circle Officer, Sidli Revenue Circle. 11. In view of the aforesaid, this court is of the considered opinion that the Principal Secretary to the Govt. of Assam. Revenue & Disaster Management Department, Relief & Page No.# 6/6 Rehabilitation Branch, shall look into the matter afresh, after obtaining a report from the Sidli Revenue Circle and after consultation of the record as to whether, the petitioners are actually affected persons in the ethnic violence that was caused in the year 1993 and if so, whether, they have already been paid the earmarked amount and thereafter pass a speaking order afresh. In the event it is found that no payment has been made to the petitioners, the same shall be paid to them. 12. The entire exercise shall be carried out within a period of 8 months from the date of receipt of a certified copy of this order to be furnished by the petitioners before the Principal Secretary to the Govt. of Assam. Revenue & Disaster Management Department, Relief & Rehabilitation. 13. With the aforesaid, the writ petition stands disposed of. JUDGE Comparing Assistant