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2026 DAILYLAW 1728 (GAU)

SMTI. RUPALI BORAH v. THE STATE OF ASSAM AND ORS

WP(C)/5717/2025 · 2026-03-24

Anjan Moni Kalita

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/4 GAHC010218262025 2026:GAU-AS:4278 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5717/2025 SMTI. RUPALI BORAH W/O- LATE MOHEN BORAH. R/O- VILL.- KACHARIPAM GAON, P.O.- DANI CHAPARI, P.S.- DERGAON, DIST.- GOLAGHAT, ASSAM, PIN-785814. VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE(RELIEF AND REHABILITATION BRANCH) AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE DISTRICT COMMISSIONER OF KAMRUP(RURAL) DISTRICT- AMINGAON ASSAM PIN - 781031. 3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-781006 Advocate for the Petitioner : MR. R Deka, S I AKAND Advocate for the Respondent : SC, REVENUE, SC, FINANCE,GA, ASSAM Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE ANJAN MONI KALITA O R D E R 25.03.2026 Heard Mr. S.I. Akand, learned counsel appering for the petitioner. Also heard Mr. N. Goswami, learned counsel appearing for respondent No.2 and Ms. N. Bordoloi, learned counsel for respondent No.1. 2. The instant writ petition has been filed by the petitioner, who is the wife of the deceased namely, Mohen Borah, who expired on 16.10.2012 due to accidently falling down in the river Brahmaputra. The petitioner, vide applications dated 25.07.2013 and 09.02.2022 respectively, addressed to the respondent No.2 i.e., the District Commissioner, Kamrup(Rural) district at Amingaon, Assam requested to grant ex-gratia relief to the next-to-kin as per the revised Government Notification dated 24.04.2007. Since the aforesaid applications of the petitioner were not responded to by the concerned authority i.e., the District Commissioner (respondent No.2), the petitioner filed a writ petition, being WP(C) No.3339/2022, which was allowed and disposed of, vide order dated 06.03.2024 by this Court. Accordingly, on 16.03.2024 and 18.03.2024 respectively, the petitioner again submitted two applications along with the certified copy of the order dated 06.03.2024 to the respondent Nos. 1 and 2 for necessary action. However, the same were also not responded to by the respondent authorities and therefore, the petitioner was compelled to file a Contempt case(C) No.446/2024, which was also disposed of by this Court, vide order dated 23.09.2024 with an observation and direction that the respondent authorities shall take Page No.# 3/4 immediate steps for release of the said amount. In spite of the aforesaid direction, since no payment was made to the petitioner, the petitioner has filed the instant writ petition. 3. Though no affidavit has been field in the instant case, the learned counsel appearing for the respondent No. 1 has submitted a communication dated 24.03.2026 issued by the Under Secretary to the Government of Assam, Revenue and Disaster Management Department, Dispur, wherein it has been stated that Revenue and Disaster Management Department has already released an amount of Rs.1,00,000/- (Rupees one lakh) to the DDO concerned for making payment of ex-gratia grant to the next to kin of late Mohen Borah, vide Online Budget Allotment No.05_AKM/DA/001_2025-26(1)_114 dated 23.03.2026. It is also mentioned that in this regard, a communication has already been issued to the District Commissioner, Kamrup district vide letter dated 23.03.2026. 4. Mr. N. Goswami, learned counsel for the respondent No.2 has also submitted a similar document showing receipt of the communication dated 23.03.2026 from the Under Secretary to the Government of Assam, Revenue and Disaster Management Department, Dispur. 5. The aforesaid communication dated 24.03.2026 submitted by the learned counsel for the respondent No. 1 is kept on record and marked as ‘X’. 6. In view of the aforesaid submissions and with the consent of the learned counsel for the petitioner, this instant writ petition is disposed of with a direction to the respondent No.2 to release the amount which has been approved by the Revenue and Disaster Management Department, Page No.# 4/4 Dispur dated 23.03.2026. The amount shall be released within a period of 30(thirty) days from the date of passing of this order. The petitioner shall submit a certified copy of the instant order before the District Commissioner, Kamrup at the earliest. Learned counsel appearing for respondent Nos. 1 and 2 shall also intimate the concerned authority about passing of the instant order. 7. With the aforesaid direction, the instant writ petition is disposed of. JUDGE Comparing Assistant