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2025 DAILYLAW 6714 (GAU)

BEHULA KHATUN v. RAHUL KUMAR GUPTA, IAS

Cont.Cas(C)/55/2025 · 2025-04-29

Manish Choudhury

body2025

Judgment text

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Page No.# 1/3 GAHC010020382025 2025:GAU-AS:5274 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/55/2025 BEHULA KHATUN W/O LT. MINHAZ UDDIN MOLLAH, VILL- KHODAIDILA (SOUTH SALMARA), P.O. AND P.S.-SOUTH SALMARA, DIST-SOUTH SALMARA MANKACHAR, ASSAM, PIN-783127 VERSUS RAHUL KUMAR GUPTA, IAS DISTRICT COMMISSIONER, SOUTH SALMARA MANKACHAR, P.O.- HATSINGIMARI, DIST-SOUTH SALMARA MANKACHAR, ASSAM, PIN- 783136 Advocate for the Petitioner : MR. M R KHANDAKAR, MR. A ROHMAN Advocate for the Respondent : MR. D NATH, R SAHIINII BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 30.04.2025 Heard Mr. M.R. Khandakar, learned counsel for the petitioner and Ms. M. Barman, learned counsel apearing on behalf of Mr. D. Nath, learned counsel for the sole respondent. 2. The petitioner had earlier approached this Court by a writ petition, W.P.[C]. no. Page No.# 2/3 3157/2023 seeking inter alia a direction to the respondent authorities to extend the benefit under the One Time Financial Assistance of Rs. 2,50,000/- on the ground that the petitioner was the wife of one Late Minhaz Uddin Mollah, who was a Covid-19 victim, as per the policy, ‘the Chief Minister’s Covid-19 Widows Support Scheme’. The petitioner had also prayed for an ex gratia assistance of Rs. 50,000/- as the next of kin in terms of a Notification dated 15.11.2021 of the Revenue & Disaster Management Department. 3. After hearing the learned counsel for the parties, the writ petition was disposed of by an Order dated 08.02.2024, directing the petitioner to submit an application before the respondent no. 4 within a period of 3 [three] weeks therefrom along with all the supporting documents in support of her claims. It was further observed that on receipt of such an application the respondent no. 4 shall consider the application, by causing an enquiry, if found necessary, and thereafter, to dispose of the application by a speaking order within a period of 3 [three] months. The petitioner and/or the other next of kins [NOKs] of the deceased person was/were directed to extend her/their assistance and cooperation during the process of such enquiry. 4. Alleging non-compliance of the direction made in the order dated 08.02.2024, the present contempt petition was preferred. On 07.02.2025 notice was issued to the sole respondent. 5. Today, Ms. Barman, learned counsel appearing for the sole respondent has placed a copy of an Order dated 27.02.2025 passed by the sole respondent in his capacity as the District Commissioner, South Salmara - Mankachar, Hatsingimari. In the speaking order, the sole respondent recorded a finding that the petitioner’s husband was a confirmed Covid-19 victim and the petitioner fulfills all the eligibility criteria under ‘the Chief Minister’s Covid-19 Widows Support Scheme’. Based on the reports submitted by the concerned authorities, the sole respondent has concluded that the petitioner is eligible to receive the benefits under ‘the Chief Minister’s Covid-19 Widows Support Scheme’. The concerned authorities have been directed to process the petitioner’s application without delay to ensure that the benefits under the scheme are disbursed to the petitioner expeditiously in accordance with the established norms and guidelines. Page No.# 3/3 6. As the speaking order has been passed by the sole respondent in compliance of the directions made in the Order dated 08.02.2024, the present contempt petition is closed. 7. Mr. D. Nath, learned counsel for the petitioner shall hand over a copy of the speaking order dated 27.02.2025 to Mr. Khandakar during the course of the day. 8. It is observed that if the petitioner is still aggrieved by the speaking order so passed, the petitioner is at liberty to take recourse to appropriate remedy available under the law. 9. A copy of the speaking order dated 27.02.2025, placed by Mr. Nath, is kept with the case record. JUDGE Comparing Assistant