Page No.# 1/3 GAHC010113492024 2025:GAU-AS:16440 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2962/2024 DIPTI DAS W/O- LATE BHUPENDRA NATH KALITA, R/O- VILL AND P.O. BAMUNKUCHI, P.S. PATACHARKUCHI, DIST- BAJALI, ASSAM, PIN- 781326 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR, GUWAHATI-06 2:THE ASSAM STATE LEGAL SERVICES AUTHORITY REPRESENTED BY ITS MEMBER/SECRETARY GAUHATI HIGH COURT OLD BUILDING GUWAHATI DIST.- KAMRUP (METRO) ASSAM PIN- 781001 3:THE DISTRICT LEGAL SERVICES AUTHORITY BAJALI ASSAM REPRESENTED BY ITS MEMBER/SECRETARY P.O. PATHSALA P.S. PATACHARKUCHI DIST.- BAJALI ASSAM PIN- 781325 4:THE OFFICER-IN-CHARGE PATACHARKUCHI POLICE STATION P.O. PATACHARKUCHI DIST.- BAJALI Page No.# 2/3 ASSAM PIN- 78132 Advocate for the Petitioner : MR. R Deka, S I AKAND Advocate for the Respondent : GA, ASSAM, SC, REVENUE,SC, FINANCE BEFORE HON’BLE MR. JUSTICE RAJESH MAZUMDAR ORDER 01.12.2025 Heard Mr R Deka, learned counsel appearing for the petitioner. Also heard Ms M Barman, learned Government Advocate, Assam, appearing on behalf of the respondent Nos. 1, 3 and 4. 2. This writ petition has been instituted by the wife of Late Bhupendra Nath Kalita, who had expired allegedly in a motor vehicle accident by an unidentified vehicle. The petitioner claims compensation under the relevant notifications of the respondents/State of Assam. 3. Notice was issued on 10.06.2024. 4. Ms Barman, learned counsel appearing for the District Legal Services Authority (hereinafter, ‘the DLSA’, for short) has submitted that she is awaiting instructions in the matter, however, Ms R S Choudhury, learned Standing Counsel for the Assam State Legal Services Authority (hereinafter, ‘the ASLSA’, for short), has submitted that an affidavit has already been filed, according to which, the DLSA, Barpeta, has informed the ASLSA that no petition or record regarding the claim for victim compensation could be traced out in the office of the District Legal Services Authority, Barpeta. 5. The learned counsel for the petitioner has submitted that after institution of the writ petition, the petitioner was summoned to the office of the DLSA, Bajali, however, neither any statement was recorded nor any document was called for, from her. Page No.# 3/3 6. This Court notices that the letter relied upon by the ASLSA, Guwahati, is an instruction from the DLSA, Bajali. In any view of the matter, since the matter relates to compensation made to the legal heirs of the victim of a road traffic accident involved in an unidentified vehicle, the petitioner is given the liberty to approach the DLSA, Bajali, with an appropriate application, within a period of 1 (one) week from today, along with all requisite documents. 7. The learned counsel for the petitioner has submitted that earlier, an application had been sent to the Member Secretary of the DLSA, Bajali, through registered A/D. 8. Be that as it may, the petitioner would be at liberty to approach the Member Secretary of the DLSA, Bajali, Assam, along with an application and all requisite documents, within a period of 1(one) week from the date of this order. The Member Secretary, DLSA, Bajali, shall, thereafter, proceed to process the claim of the petitioner in accordance with law and the notifications applicable in the case. If the petitioner is found to be entitled for any compensation, the same shall be processed and paid to her within a period of 60 days, as per the notification. If, for any reason, the petitioner is not found to be not entitled to the compensation, the Member Secretary, DLSA, Bajali, shall inform her of such reasons also. 9. The writ petition, accordingly, stands disposed of. JUDGE Comparing Assistant