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2025 DAILYLAW 28105 (GAU)

SMT. BAJANTI KARMAKAR v. THE STATE OF ASSAM AND 4 ORS

WP(C)/6985/2022 · 2025-11-02

Arun Dev Choudhury

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010221162022 2025:GAU-AS:14825 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6985/2022 SMT. BAJANTI KARMAKAR W/O. LT. BAYDYANATH KARMAKAR @ BAIDYANATH KARMAKAR, VILL. GINGIA TEA ESTATE, P.O. AND P.S. GINGIA, DIST. BISWANATH, ASSAM, PIN-784184. VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, REVENUE (RELIEF AND REHABLITATION) AND DISASTER MANAGEMENT DEPTT., DISPUR, GUWAHATI-06. 2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI-06. 3:THE DEPUTY COMMISSIONER BISWANATH ASSAM P.O. BISWANATH CHARIALI P.S. BISWANATH PIN-784176. 4:THE CIRCLE OFFICER BISWANATH REVENUE CIRCLE P.O. GINGIA DIST. BISWANATH ASSAM PIN-784184. Page No.# 2/3 5:THE OFFICER IN CHARGE GINGIA POLICE STATION P.O. GINGIA DIST. BISWANATH ASSAM PIN-784184 Advocate for the Petitioner : MR. R Deka, S I AKAND Advocate for the Respondent : GA, ASSAM, SC, REVENUE,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 03.11.2025 1. Heard Mr. S I Akand, learned counsel for the petitioner. 2. By the present writ petition a prayer for payment of ex- gratia in terms of government notification dated 15.11.2014 has been made. 3. It is the case of the petitioner that her husband died on 05.10.2017 by falling into a Ring Well and a case was registered being Gingia U.D Case No.19/2017. 4. The FIR which is annexed to the writ petition reflects that the deceased was missing from the evening of 6 pm on 05.10.2017 and his dead body was found in a ring well of Nalbari line. A police report was submitted in the year 18.01.2022 disclosing that based on the FIR, a U.D Case being U.D. Case No.19/2017 was registered and post mortem examination was done. 5. During investigation it was found that the written information given about the deceased is correct. It is also recorded in Page No.# 3/3 the report that the deceased somehow fell down in a government ring well situated at Gingia tea estate and matter was an accidental one and accordingly, U.D. Case was returned in F.R as accident. 6. Based on these, the petitioner claims the compensation as recorded hereinabove. 7. It is the grievance of the petitioner that though an application was filed before the District Commissioner, Biswanath after receipt of the police report, however, nothing has been done till date. 8. Mr. BJ Talukdar, learned Senior Government Advocate appearing for the state respondent submits that the petitioner’s claim shall be considered in terms of the notification dated 15.11.2014. 9. In view of the aforesaid, the present writ petition stands disposed of directing the District Commissioner, Biswanath to consider the case of the petitioner in terms of the Notification dated 15.11.2014 and if the petitioner is entitled for any compensation as per the aforesaid policy, the same may be paid. 10. The entire exercise be carried out within a period of 12 weeks from the date of receipt of a certified copy of this order to be furnished by the petitioner before the District Commissioner. 11. The writ petition stands disposed of. JUDGE Comparing Assistant