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2025 DAILYLAW 7882 (GAU)

SAYED ALI v. THE STATE OF ASSAM AND 6 ORS

WP(C)/997/2023 · 2025-04-29

Kardak Ete

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010035322023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/997/2023 SAYED ALI S/O- LT. KABEL SHEIKH, R/O- VILL- KURSHAPAKHRI PART-II, P.O. HASDOBA, P.S. LAKHIPUR, DIST.- GOALPARA, ASSAM, PIN- 783129 VERSUS THE STATE OF ASSAM AND 6 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPTT., RELIEF AND REHABILITATION BRANCH, DISPUR, GHY-06 2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GHY-06 3:THE DY. COMMISSIONER GOALPARA DIST.- GOALPARA ASSAM PIN- 783101 4:THE DY. COMMISSIONER GOALPARA DIST.- GOALPARA ASSAM PIN- 783101 5:THE CIRCLE OFFICER LAKHIPUR REVENUE CIRCLE P.O. LAKHIPUR P.S. LAKHIPUR Page No.# 2/3 DIST.- GOALPARA ASSAM PIN- 783101 6:THE SUPERINTENDENT OF POLICE GOALPARA DIST.- GOALPARA ASSAM PIN- 783101 7:THE OFFICER-IN-CHARGE OF LAKHIPUR P.S. P.O. AND P.S. LAKHIPUR DIST.- GOALPARA ASSAM PIN- 78312 Advocate for the Petitioner : MR. M R KHANDAKAR, Advocate for the Respondent : GA, ASSAM, SC, FINANCE,SC, REVENUE BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 30-04-2025 Heard Mr. M.R. Khandakar, learned counsel for the petitioner. Also heard Ms. N. Bordoloi, learned Standing Counsel, Revenue and Disaster Management Department as well as Mr. A. Chaliha, learned standing counsel, Finance and Mr. B.J. Talukdar, learned Additional Senior Government Advocate appearing for the respondents No.3 to 7. 2. This writ petition is filed by the petitioner seeking payment of ex-gratia grant of Rs.2 lakh to the petitioner on account of the death of his son namely Fulchan Ali, who died on 04.12.2018 as per the Government Notification dated 15.11.2014. 3. The respondent authorities by filing their affidavit has stated that as per the policy of the State vide notification dated 15.11.2024, the quantum of relief in respect of persons against different categories including ex-gratia grant to the next of kin of persons killed due to accident in public places or in public carriers (other than killed by extremist/terrorist/extremist and due to the firing of security forces) is Rs. 2 lakh. However, the sanction against the ex-gratia amount to eligible beneficiaries (NOK) can be initiated only on fulfillment of criterion as mentioned in the said notification. Therefore, to ascertain, since the authorities have not received the police report from Superintendent of Police, same could not Page No.# 3/3 be finalized. 4. Today, Mr. B.J. Talukdar, learned Additional Senior Government Advocate by placing the copy of the communication dated 15.07.2023 submits that already sanction for an amount of Rs.2 lakh has been accorded to the next of kin of the deceased late Fulchan Ali and communicated to the Revenue and Disaster Management Department on 14.07.2023. 5. Having considered that the authorities have already accorded sanction for an amount of Rs. 2 lakhs to the next of kin of the late Fulchan Ali, the deceased son of the petitioner, who died in a road accident, in terms of the policy of the State, I am of the considered view that no live issue remains to be adjudicated. 6. Accordingly, as agreed to by the learned counsel for the parties, this petition stands closed. It is observed that if the amount sanctioned, is not disbursed to the petitioner, the same shall be disbursed in terms of the policy of the State. JUDGE Comparing Assistant