Page No.# 1/5 GAHC010093102024 2026:GAU-AS:7443 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2474/2024 SHAHIDA KHATUN W/O- HAZARAT ALI, VILL.- KOREYA PT-II, P.O.- JOGIGHOPA, P.S.- JOGIGHOPA, DIST- BONGAIGAON, ASSAM, PIN- 783382. VERSUS THE UNION OF INDIA AND 5 ORS. MINISTRY OF HOME AFFAIRS (DISASTER MANAGEMENT DIVISION) REPRESENTED BY ITS SECRETARY, C-WING 3RD FLOOR, NDCC, JAI SINGH ROAD, NEW DELHI-110000. 2:THE STATE OF ASSAM REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI-6. 3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT (GENERAL) DISPUR GHY-6. 4:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR Page No.# 2/5 GHY-6. 5:THE DEPUTY COMMISSIONER BONGAIGAON ASSAM DIST.- BONGAIGAON ASSAM PIN- 783380. 6:THE CIRCLE OFFICER BOITAMARI REVENUE CIRCLE BOITAMARI DIST.- BONGAIGAON ASSAM PIN- 783389 Advocate for the Petitioner : MR. M U MONDAL, MR. A W MONDAL,MS. N NASRIN,MR A ALIM SK,MR K ISLAM,MD. I H KHAN Advocate for the Respondent : DY.S.G.I., SC, REVENUE,SC, FINANCE,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 27.05.2026 Heard Mr. M.U. Mondal, learned counsel for the petitioner; Mr. B.J. Talukdar, learned Senior Counsel assisted by Mr. P.K. Medhi, learned State Counsel for the respondent nos. 2, 5 & 6; and Mr. A. Bhattacharjee, learned Standing Counsel, Revenue & Disaster Management Department. 2. The petitioner has preferred this writ petition under Article 226 of the Constitution of India seeking inter-alia direction to the respondent authorities to disburse the quantum of relief in terms of a Notification bearing no. RR.33/2014/66 dated 15.11.2014 of the Revenue & Disaster Management Department, Government of Assam. 3. The case of the petitioner projected in this writ petition, briefly, is that the daughter of the petitioner, Lakhida Ahmed, 13 years of age, left the house for bath along with her friends Page No.# 3/5 to Harin Nala Chatra at about 2/2-30 p.m. on 05.05.2020. While bathing, Lakhida Ahmed fell down in deep water. Thereafter, her dead body could be recovered, after search, only at about 08-00 a.m. on 06.05.2020 by police and local public. 4. In connection with the incident, an uncle of Lakhida Ahmed, Shah Ahmed lodged a First Information Report [FIR] before the Officer In-Charge, Jogighopa Police Station on 06.05.2020. On receipt of the FIR, a case for unnatural death, Jogighopa U.D. Case no. 09/2020 was registered on 06.05.2020. The post-mortem examination on the dead body of the deceased was performed at Bongaigaon Civil Hospital on 06.05.2020 and as per the Post- Mortem Examination Report, the cause of death was due to asphyxia following drowning in water which was antimortem in nature. A police report was also submitted by the Officer In- Charge, Jogighopa Police Station on 02.09.2020 reporting that the case was investigated and after receiving the Post-mortem Examination Report, the case was submitted in Final Form on 26.07.2020. A death Certificate was also issued by the Registrar of Death and Birth recording that Lakhida Ahmed expired on 06.05.2020. 5. The petitioner has stated that seeking disbursement of the quantum of relief in terms of the Notification dated 15.11.2014, a Representation was submitted by the petitioner before the respondent no. 5 on 03.12.2021. As no steps were seen to have been taken by the respondent no. 5 on the said Representation, the petitioner has to approach this Court by the instant writ petition seeking disbursement of the quantum of relief in terms of the Notification dated 15.11.2014. 6. The respondent no. 5 has filed an affidavit-in-opposition wherein it is averred that on receipt of the Representation dated 03.12.2021, he forwarded the Representation along with the relevant documents to the respondent no. 6 to conduct an enquiry and thereafter, to submit a report on the Next of Kin [NoK], Post-Mortem Examination Report, Death Certificate, Bank Account Details of the NoK, etc. vide an Officer Letter dated 21.02.2022. A copy of the Representation dated 03.12.2021 was also forwarded to the Superintendent of Police, Bongaigaon for submission of an Enquiry Report vide an Office Letter dated 21.02.2022. It is averred that a Police Report was received from the Superintendent of Police, Bongaigaon on 19.04.2022 and also a Report from the respondent no. 6 on 06.07.2024. In his Report, the Page No.# 4/5 respondent no. 6 had reported that despite efforts, the petitioner could not be located and as a result, the documentation required to process and issue the relief in favour of the Next of Kin could not be furnished. 7. From the projections made by the respondent no. 5 in the affidavit-in-opposition, it transpires that after receipt of the Representation dated 03.12.2021, the respondent no. 5 had initiated the process to consider the case of the petitioner for the relief in terms of the Notification dated 15.11.2014 but due to inability on the part of the respondent no. 6 to locate the petitioner, the process initiated has not been brought to a logical conclusion till date. 8. In the fact situation obtaining as above, this Court is of the considered view that instead of keeping this writ petition pending, the same can be disposed of with a direction to the respondent authorities, more particularly, the respondent no. 5 to bring the process initiated subsequent to receipt of the Representation dated 03.12.2021 for consideration of payment of ex-gratia amount in terms of the Notification dated 15.11.2014 to a logical conclusion in an expeditious manner. It is accordingly directed. In view of the difficulty expressed in the affidavit-in-opposition by the respondent no. 5 and the respondent no. 6, the petitioner shall appear before the respondent no. 6 within a period of 2 [two] weeks from today to submit all the requisite documents which were stated to have been submitted earlier along with the Representation dated 03.12.2021. The respondent no. 6 upon receipt of the documents shall proceed to conduct the enquiry and after completion of the enquiry, shall forward a report to the respondent no. 5 who in turn, on the basis of the reports submitted by the respondent no. 6 and the Superintendent of Police, Bongaigaon shall examine the eligibility of the petitioner and others as next-of-kin of the deceased to receive the quantum of relief in terms of the Notification dated 15.11.2014 and if after examination, the petitioner and/or any other next-of-kin are found to be eligible for the relief, the respondent no. 6 shall complete the entire process of disbursement upon due identification within a period of 3 [three] months from the date of appearance and submission of documents before the respondent no. 6, as directed above. It is, however, clarified that this Court has not made any observation on the eligibility or otherwise of the petitioner and/or any other next-of-kin of the Page No.# 5/5 deceased to receive the quantum of relief in terms of the Notification dated 15.11.2014 and the respondent authorities are to take a decision on the matter whether the incident leading to the death of the deceased falls within the purview of the Notification dated 15.11.2014 or not and for that a reasoned order is to be passed. 9. This order disposes of the writ petition. JUDGE Comparing Assistant