Page No.# 1/5 GAHC010016332026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/558/2026 SUNITI DAS W/O- LT. KUSHAI DAS VILL-KRISHNA NAGAR, BILASIPARA TOWN P.O- BILASIPARA P.S-BILASIPARA DIST-DHUBRI, ASSAM. PIN-783348 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR, GUWAHATI-06 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-06 3:THE ASSAM STATE LEGAL SERVICES AUTHORITY REPRESENTED BY ITS MEMBER SECRETARY GHY-01. 4:THE DISTRICT LEGAL SERVICES AUTHORITY DHUBRI REPRESENTED BY ITS SECRETARY P.O. AND P.S. AND DIST-DHUBRI ASSAM PIN- 783301 5:THE CHAIRMAN DISTRICT LEGAL SERVICES AUTHORITY DHUBRI ASSAM. P.O. AND P.S. AND DIST-DHUBRI ASSAM PIN-783301 Page No.# 2/5 For the Petitioner(s) : Mr. M. Hussain, Advocate For the Respondent(s) : Ms. M. Barman, Govt. Advocate Mr. A. Chaliha, SC, Finance Mrs. R. S. Choudhury, SC, ASLSA BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 30.03.2026 Heard Mr. M. Hussain, the learned counsel appearing on behalf of the petitioner. Ms. M. Barman, the learned counsel appears on behalf of the Home and Political Department as well as the District Legal Services Authority; Mr. A. Chaliha, the learned counsel appears on behalf of the Finance Department and Mrs. R. S. Choudhury, the learned counsel appears on behalf of the Assam State Legal Services Authority. 2. The petitioner herein is aggrieved by the delay in processing the petitioner's claim for victim compensation in terms with the Assam Victim Compensation Scheme, 2012. 3. The materials on record show that on 22.05.2025, the respondent No.4 had already passed an award that the petitioner is entitled to an amount of Rs.5 lakhs as compensation. The grievance of the petitioner herein is that inspite of the award Page No.# 3/5 dated 22.05.2025, the respondents herein have not released the ex-gratia payment, and it is under such circumstances, the instant writ petition was filed before this Court on 20.01.2026. 4. This Court vide an order dated 04.02.2026 sought for instructions as to why the payment has not been made to the petitioner in pursuance to the award dated 22.05.2025. Today, Mrs. R. S. Choudhury, the learned counsel appearing on behalf of the Assam State Legal Services Authority, i.e. the respondent No.3 has placed an instruction on the aspect of disbursement of the amount of Rs.5 lakhs to the petitioner. The said instruction is kept on record and marked with the letter “X”. 5. A perusal of the said instruction reveals that though the petitioner herein is entitled to the amount of Rs.5 lakhs, but on account of inadequate disbursement of funds by the State Authorities, the said amount could not be paid to the petitioner. It is further mentioned that the District Legal Services Authority disburses the amount on the basis of priority criteria and chronological order, and at present, there are two claimants above the petitioner and the petitioner would be paid immediately upon receipt of the funds from the State Authorities after disbursing the entitlement to the claimants above the petitioner in chronological order. Page No.# 4/5 6. This Court also heard Ms. M. Barman, the learned counsel who appears on behalf of the State who submitted that upon proposal being received, the said amounts would be disbursed to the District Legal Services Authority, Dhubri so that the payment can be made to the petitioner. 7. Taking into account the above, the instant writ petition therefore stands disposed of with the following observations and directions: (i) The petitioner is entitled to the amount of Rs.5 lakhs as has been awarded vide the order dated 22.05.2025. (ii) The respondent No.4 is directed to disburse the said amount of Rs.5 lakhs to the petitioner upon receipt of funds by maintaining the priority and the chronological order. (iii) The respondents, more particularly the Commissioner and Secretary to the Government of Assam, Home and Political Department is directed to release the funds to the respondent No.4 as per the proposal submitted by the Assam State Legal Services Authority vide the letter bearing No.DLSA/VC/2012/790 dated 17.03.2026 so that the said amount can be disbursed to the petitioner. (iv) The disbursal of the amount by the Commissioner and Secretary to the Government of Assam, Home and Political Page No.# 5/5 Department be done within a period of 60 days from the date a certified copy of the instant order is received by the said Authority from the petitioner. JUDGE Comparing Assistant