Page No.# 1/3 GAHC010284752019 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/676/2019 MONOWAR HUSSAIN S/O- LATE MOKDEM ALI, R/O- KABAITARY PART-I, P.S- JOGIGHOPA, DIST- BONGAIGAON, ASSAM, PIN- 783382 VERSUS ARUNA RAJORI AND 3 ORS THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, REVENUE DEPTT, DISPUR, GUWAHATI- 781006 2:DR SADNEK SINGH IAS THE DEPUTY COMMISSIONER BONGAIGAON P.O AND P.S- BONGAIGAON DIST- BONGAIGAON ASSAM PIN- 783380 3:MS PALLAVI SARKAR IAS THE SUB DIVISIONAL OFFICER (CIVIL) NORTH SALMARA ABHAYAPURI P.O AND P.S- ABHAYAPURI DIST- BONGAIGAON ASSAM PIN- 783383 4:SHRI GYANENDRA DEV TRIPATHI IAS SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTENT DISPUR Page No.# 2/3 GUWAHATI-06 Advocate for the Petitioner : MR. M U MONDAL, MR. A WAHAB Advocate for the Respondent : MS. P R MAHANTA, SC, REVENUE BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 13.08.2025 Heard Shri A Wahab, learned counsel for the petitioner. Also heard Ms. PR Mahanta, learned counsel for the respondent no. 4. 2. Ms. Mahanta, learned counsel, at the outset, has, however clarified that her client was posted as the Principal Secretary, Govt. of Assam, Revenue and Disaster Management and is presently not holding the said post. 3. The allegation in this contempt petition is with regard to willful and deliberate disobedience of an order dated 19.02.2019 passed by this Court in WP(C)/2547/2012. The claim of the petitioner was for an ex gratia compensation on account of death of his father which had occurred by natural calamity (lightning). 4. This Court vide the aforesaid order dated 19.02.2019 had directed disposal of the representation which was to be submitted by verification of the factual aspects. 5. Ms. Mahanta, learned counsel has submitted that as per the written instructions dated 28.05.2025, such consideration was made and it was found that the date of accident in this case was 13.05.2010 and at that point of time, the provision for payment of ex gratia was not extended to death by lightning. She has submitted that only subsequently, vide a notification dated 26.06.2015, the aspect of death by Page No.# 3/3 lightning was incorporated. 6. To a plea raised by Shri Wahab, learned counsel for the petitioner that similarly situated person has been given the benefit of ex gratia, Ms. Mahanta, learned counsel has submitted that the other incumbent, Prafulla Das, who had died on 12.05.2010 was because of storm which was a part of the then existing notification. She has also emphasized that the communication dated 07.10.2010 would show that it is not only the petitioner but another incumbent who was not given the benefit of the ex gratia as the death was caused by lightning which was not covered by the then existing notification. She has also drawn the attention of this Court to the notification dated 26.06.2015 which came into operation after the date of the accident which has now incorporated lightning as one of the disasters. 7. In view of the aforesaid discussion, this Court is of the opinion that it does not appear that there has been any willful and deliberate disobedience of the order in question. Accordingly, the contempt petition is closed. 8. The petitioner would, however be at liberty to challenge the decision taken in the appropriate manner. 9. The set of documents, including the communication dated 28.05.2025 are made a part of the records. JUDGE Comparing Assistant