Page No.# 1/6 GAHC010171952026 2026:GAU-AS:14464 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4485/2026 RINA KALITA W/O LATE GANESH CHANDRA KALITA, R/O NOONMATI SECTOR 3 BHABANIPUR, NEAR KASLISH NAGAR, GANESH MANDIR, P.O. AND P.S. NOONMATI, GUWAHATI, DISTRICT KAMRUP METRO, ASSAM PIN 781020 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, GOVERNMENT OF ASSAM, REVENUE (RELIEF AND REHABILITATION BRANCH) AND DISASTER MANAGEMENT DEPARTMENT, DISPUR GUWAHATI 781006 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNEMNT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI 06 3:THE DISTRICT COMMISSIONER OF KAMRUP(M) DISTRICT AT GUWAHATI LICHUBAGAN HENGRABARI GUWAHATI PIN 781036 4:THE CIRCLE OFFICER GUWAHATI SADAR (NEW GUWAHATI CD) REVENUE CIRCLE P.O. AND P.S. ULUBARI DISTRICT KAMRUP METRO ASSAM PIN 781007 5:THE OFFICER IN CHARGE DISPUR POLICE STATION P.O. DISPUR Page No.# 2/6 DISTRICT KAMRUP METRO ASSAM PIN 78100 Advocate for the Petitioner : S I AKAND, MR. T HUSSAIN Advocate for the Respondent : GA, ASSAM, SC, FINANCE,SC, REVENUE BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 28.09.2026 Heard Mr. S.I. Akand, learned counsel for the petitioner; Mr. A. Bhattacharyya, learned Standing Counsel, Revenue [Relief & Rehabilitation Branch] & Disaster Management Department, Government of Assam for the respondent no. 1; and Ms. M. Barman, learned Junior Government Advocate, Assam for the respondent nos. 3, 4 & 5. None has appeared for the respondent no. 2 today on call. 2. The case projected in this writ petition is that the petitioner is the wife of one Late Ganesh Chandra Kalita. It is stated that when at around 06-30 a.m. on 19.03.2025 the petitioner’s husband, Ganesh Chandra Kalita was proceeding by the Khanapara - Ganeshguri Road, an unknown vehicle proceeding from Khanapara side towards Ganeshguri, in a rash and negligent manner, hit Ganesh Chandra Kalita at a place near Six-Mile Flyover. After hitting Ganesh Chandra Kalita, the said unknown vehicle fled away from the scene. 2.1. The petitioner has claimed that in the accident Ganesh Chandra Kalita sustained grievous injuries on his person and died instantaneously at the spot. The Post-Mortem Examination [PME] of the dead body of the deceased was thereafter, performed at the Gauhati Medical College & Hospital on 19.03.2025 and as per the PME Report, the death was due to haemorrhage and shock as a result of crush injury sustained over the abdomen. It was opined that the injuries were ante-mortem in nature and caused by blunt force impact. 2.2. A First Information Report [FIR] in connection with the accident and death of the Page No.# 3/6 deceased was lodged before the Officer In-Charge, Dispur Police Station on 31.03.2025 by a Sub-Inspector of Police attached to Dispur Police Station Traffic Branch, and the said FIR was registered as Dispur Police Station Case no. 298/2025 under Sections 106[1]/281 of Bharatiya Nyaya Sanhita [BNS], 2023. After completing investigation into Dispur Police Station Case no. 298/2025, the Investigating Officer of the case submitted a Final Report vide F.R. no. 773/2025 on 10.06.2025. In the Final Report, it has been reported that the offending vehicle and the driver of the offending vehicle who were involved the accident on 19.03.2025 could not be traced despite investigation. 2.3. The petitioner has stated that at the time of his death, Late Ganesh Chandra Kalita left behind two daughters and one son, apart from the petitioner, as his next-of-kins and to that effect, the respondent no. 4 has issued a Next-of-Kin Certificate dated 16.08.2025. 3. The petitioner has referred to a Policy framed by the State Government in the Revenue & Disaster Management Department for grant of ex-gratia relief for a direction to the State respondents to grant the ex-gratia relief to the next-of-kins of the deceased under the Policy. 4. The afore-mentioned Policy has been notified by a Notification dated 15.11.2014. Certain amendments have been brought in the Notification dated 15.11.2014 by a subsequent Notification dated 31.10.2023. 5. The petitioner had submitted an application before the respondent no. 3 on 03.12.2025 for extending the ex-gratia relief amounting to Rs. 2,00,000/- to the next-of-kins of Late Ganesh Chandra Kalita in terms of the Notifications dated 15.11.2014 and dated 31.10.2023. As the application has not yet been given consideration by the respondent authorities despite elapse of sufficient time period, the petitioner has approached this Court by the instant writ petition seeking the direction, mentioned above. 6. Mr. Bhattacharyya and Ms. Barman have submitted, in unison, that subsequent to the Notification dated 15.11.2014, another Notification bearing no. E.292233/2 has been issued by the Revenue and Disaster Management Department, Government of Assam on 31.10.2023. By the Notification dated 31.10.2023, the State Government has excluded the Page No.# 4/6 cases of victims of motor accidents, except hit and run cases and third party [not travelling in vehicle] persons hit by vehicles at public places, from the purview of ex-gratia Policy, as notified by the Notification dated 15.11.2014, and the Notification dated 31.10.2023 is in supersession of the Notification dated 15.11.2024 to that extent. 7. Mr. Bhattacharya and Ms. Barman are not in disagreement to the fact that in this writ petition, the petitioner has claimed that the alleged road traffic accident had occurred on 19.03.2025 which was subsequent to 31.10.2023. It is submitted by them that before placing the proposal before the Revenue & Disaster Management Department, Government of Assam, the jurisdictional District Commissioner shall have to examine the matter in order to verify the veracity of the claim of the petitioner, with regard to, firstly, the alleged road traffic accident which is stated to have occurred at a public place resulting in the death of the person, mentioned above; secondly, the claim of the petitioner as one of the Next of Kin [NoK] of the person who is stated to have died as a result of the said alleged road traffic accident; and thirdly, the claim regarding occurrence of the hit and run accident at a public place; and fourthly, whether the case is covered under the Notification dated 31.10.2023. 8. The rationale behind the policy formulated by the State and notified vide the Notification dated 15.11.2014 and the Notification dated 31.10.2023 is to provide succour immediately to the Next of Kin [NoK] of the deceased to tide over the initial shock and hardship. Thus, a claim for the relief of ex-gratia grant under the policy calls for an expeditious consideration. 9. The following excerpts from the Notification dated 31.10.2023 are of relevance for the purpose of the present case – 1. The District Commissioner of the concerned District will submit the proposal for release of budget allotment to the Revenue & D.M. [Disaster Management] Department with the following: a. Names & Address of the Next of Kin of the deceased. b. Police report with the comments of the Superintendent of Police of the Page No.# 5/6 concerned District, in original. The report of the Superintendent of Police should clearly mention that the death had occurred due to accident in public place. c. Post Mortem Report in original or attested copy thereof. d. Recommendation of the District Commissioner concerned. The recommendation should clearly mention that the next of kin of the victim is not entitled to receive any sort of financial assistance from any other sources like vehicle insurance companies. The proposals, without the specific recommendation of the District Commissioner will not be entertained. 2. After receiving the proposals, the Revenue & DM [Disaster Management] Department shall examine the proposal and if found eligible in accordance with all the terms & conditions, will release the Budget allotment against the proposed amount to the DDO concerned. 10. Taking an overall view of the submissions advanced by the learned counsel for the parties, the materials on record, and the rationale behind the policy so formulated, this Court is of the considered view that instead of keeping the writ petition pending for any further period, waiting for responses from the respondents, the same can be disposed of as the claim for relief in the form of ex-gratia to the petitioner in this writ petition as one of the Next of Kin [NoK] of a person killed in a road traffic accident, the facts of which are briefly narrated above, are to be verified and considered first at the end of the jurisdictional Deputy Commissioner, as mentioned in the preceding paragraphs. Thus, after such verification and consideration of all relevant aspects including the three aspects, as highlighted by the learned counsel for the State respondents, by calling for reports from the other authorities, the proposal can thereafter, be forwarded by the jurisdictional District Commissioner along with his report, to the Revenue & Disaster Management Department, Government of Assam for release of ex-gratia amount in terms of the Notification dated 15.11.2014 and the Notification dated 31.10.2023, if the petitioner and/or any other Next of Kins [NoKs] is/are found entitled to receive the same. The Commissioner and Secretary to the Government of Assam, Revenue Page No.# 6/6 & Disaster Management Department can thereafter, sanction the quantum of relief for disbursal to the petitioner and/or any other Next of Kins [NoKs] found entitled, in terms of the Notification dated 15.11.2014 and the Notification dated 31.10.2023. It is accordingly ordered. 11. The entire exercise in respect of the case involved in this writ petition should be completed by the above respondent authorities within a period of 3 [three] months from the date of receipt of a certified copy of this order by the office of the respondent no. 3 along with a copy of the writ petition with the annexures, from the petitioner. The petitioner is also directed to submit Next of Kin [NoK] Certificate, Death Certificate of the deceased, Post- Mortem Examination Report and the Account details of the petitioner to the jurisdictional District Commissioner in the course of such enquiry. The petitioner and/or the other Next of Kin [NoK] of the deceased person is/are directed to extend her/their assistance and cooperation during the process of such verification and shall furnish the relevant information/documents, available at her/their disposal, to facilitate the process of verification expeditiously, as and when asked for. 12. With the observations made and directions given above, the writ petition stands disposed of. No cost. JUDGE Comparing Assistant