Page No.# 1/9 GAHC010068132025 2026:GAU-AS:7564 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1891/2025 KAMALA MEDHI W/O-LATE PRABHAT MEDHI,R/O-VILL-2 NO. BARTALA,P.O-BARTALA,P.S- MUKALMUA,DIST-NALBARI,ASSAM,PIN-781138 VERSUS THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,REVENUE (RELIEF AND REHABILITATION) AND DISASTER MANAGEMENT DEPARTMENT,DISPUR, GUWAHATI-781006 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNEMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-06. 3:THE DISTRICT COMMISSIONER OF NALBARI DISTRICT ASSAM P.O AND P.S- NALBARI PIN-781335 4:THE CIRCLE OFFICER BARKHETRI REVENUE CIRCLE P.O AND P.S- MUKALMUA DIST-NALBARI ASSAM-781126 5:THE OFFICER IN CHARGE MUKALMUA POLICE STATION P.O-MUKALMUAH DIST-NALBARI ASSAM Page No.# 2/9 PIN-78112 Advocate for the Petitioner : S I AKAND, MR. R Deka Advocate for the Respondent : SC, REVENUE AND DISASTER MANAGEMENT DEPT, SC, FINANCE,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 01.06.2026 Heard Mr. S.I. Akand, learned counsel for the petitioner. Also heard Ms. N. Bordoloi, learned counsel for the respondent No.1 and Mr. H. Sarma, learned counsel for the respondents No. 3, 4 and 5. 2. By filing this writ petition, the petitioner has prayed for a direction to the respondent authorities to pay an amount of Rs.2 lacs as ex-gratia grant on account of the death of her husband late Prabhat Medhi in terms of the notification dated 15.11.2014 and 31.10.2023 issued by the Assam Revenue (Relief & Rehabilitation Branch) and Disaster Management Department, a policy of the State for ex- gratia grant to the Next-of-kins (NOK) of the deceased who were killed/injured due to extremist violence/terrorist violence/acts of miscreants/communal violence/ethnic violence/group clash/firing of security forces/ accident etc. 3. The case of the petitioner is that on 01.09.2024, while her husband Prabhat Medhi was proceeding from Bartola High School Chowk towards his working place on foot, through Guwahati- Mukalmua-Barpeta State High Way, an unknown offending Truck proceeding in rash and negligent manner knocked him and fled away therefrom, as a result of which, her husband sustained grievance injuries and consequently, succumbed to his injuries. The husband of the petitioner was taken to the nearby P.H.C. for treatment and was declared him as brought dead. The post-mortem examination of late Prabhat Medhi was conducted by the doctor of Swahid Mukunda Kakati Hospital, Nalbari, Assam in which, the cause of death was mentioned as “death was due to hemorrhagic shock, as a result of injuries sustained over the abdomen as described. All injuries were ante-mortem and caused by blulnt force impact.” 4. A case was registered being Mukalmua P.S. Case No.259/2024 under Section 106(2) of BNS, Page No.# 3/9 2023. 5. It is the contention of the learned counsel for the petitioner that the husband of the petitioner late Prabhat Medhi at the time of his death had left behind his wife, the petitioner herein, and three daughters as next-of-kin. The petitioner filed an application on 25.10.2024 before the District Commissioner, Nalbari District for granting ex-gratia relief to the next-of-kin of the deceased in terms of the notification dated 15.11.2014 and 23.11.2023. However, as on date, the respondent authorities has failed to consider the case of the petitioner for payment of ex-gratia grant and therefore, the respondent authorities may be directed to provide and grant the ex-gratia relief to the petitioner. 6. Ms. N. Bordoloi, learned Standing Counsel, Revenue Department and Mr. H. Sarma, learned State Counsel, have submitted that after completion of the investigation of Mukalmua P.S. Case No.259/2024 as regards the case of late Prabhat Medhi, the investigating authority has submitted the final report vide FR No.31/2025 dated 26.09.2025. Therefore, they fairly submit that the petitioner is entitled to the ex-gratia amount in terms of the aforementioned notification. However, in terms of the subsequent notification dated 30.10.2023, the petitioner is required to submit relevant documents as the terms and condition for granting such ex-gratia relief is clearly provided that it would be only on consideration of the relevant documents, the ex-gratia grant would be released in terms of the policy of the State, if she is found to be entitled. 7. I have considered the submission of the learned counsel for the parties and the materials available on record. 8. The State framed a policy for grant of ex-gratia to the next-of-kin of the persons who were killed/injured due to extremist violence/acts of miscreants/communal violence/ethnic violence/ group clash/firing of security forces/accident etc. and to that effect notification was issued on 15.11.2024, which is extracted herein below:- “GOVERNMENT OF ASSAM REVENUE & DISASTER MANAGEMENT DEPARTMENT RELIEF & REHABILITATION BRANCH No. RR.33/2014/66 date Dispur, the 15th November, 2014 NOTIFICATION The Governor of Assam is pleased to revise the quanturn of relief in respect of persons, who Page No.# 4/9 were killed/injured due to extremist violence/serrorist violence/acts of miscreant/communal violence/ethnic violence/group clash/firing of security forces/accident etc., who were kidnapped abducted by extremist terrorist/miscreants and whose dwelling houses are fully brant/ damaged whether due to acts of extremist/terrorist/miscreants or during communal violence/ethnic violence group clash. This notification shall come into force with immediate effect. The revised rates shall be applicable in respect of the incidents, which may occur in the State as on or after the date of issue of the notification in super session of the previous notifications in this regard. The incidents prior to 15th November, 2014 will be governed by the O.M./notifications relevant to the period concerned. Sl No. Nature of incident quantum of relief 1. Ex-gratia grant to the NOK of persons killed and whose (the person killed) age Rs.5,00,000.00 is 18 years or above- 1. by extremist/terrorist/miscreams (when as per the report of Police, the killing is not a result of private dispute) 2. during communal/ethnic/group clashes 3.due to the firing of security forces (if the person killed is innocent as per report of Deputy Commissioner/ Superintendent of Police etc.) 2. Ex-gratia grant to the NOK of persons killed and whose (the person killed) age is below 18 years- Rs.3,00,000.00 1 by extremist/terrorist/miscreants (when as per the report of Police, the killing Page No.# 5/9 is not a result of private dispute) 2. during communal/ethnic/group clash 3. due to the firing of security forces (if the person killed is innocent as per report of Deputy Commissioner/Superintendent of Police etc.) 3. Ex gratia to the NOK of person killed due to accident in public places or in public Rs.2,00,000.00 carriers (other than killed by extremist/terrorist /miscreants and due to the firing of security forces) 4. Ex gratis to the NOK of persons kidnapped/abducted by terrorist/extremists /miscreants and whose age is 18 years or above. Rs. 5,00,000.00 5. Ex gratia to the NOK of persons kidnapped/abducted by terrorist/extremists /miscreants and whose age is below 18 years. Rs.3,00,000.00 6. Financial assistance to those who sustain simple injury- Rs.20,000.00 1. due to the act of terrorist/extremists /miscreants (when as per the report of Police, the injury is not a result of private dispute) 2. during communal/ethnic/group clash 3. due to the firing of security forces (if the injured person is innocent), 7. Financial assistance to those who sustain Page No.# 6/9 grievous injury- Rs.1,00,000/- 1. due to the act of terrorist/extremists /miscreants (when as per the report of Police, the injury is not a result of private dispute) 2. during communal/ethnic/group clash 3. due to the firing of security forces (if the injured person is innocent) 8. Financial assistance to persons who become permanently invalid- Rs. 3,00,000.00 1. due to the act of terrorist/extremists /miscreants (when as per the report of Police, the injury is not a result of private dispute) 2. during communal/ethnic/group clash 3. due to the firing of security forces (if the permanently invalid person is innocent) 9. Rehabilitation grant to all those whose dwelling houses are fully burnt/ damaged whether due to acts of extremist /terrorist/miscreants or during communal/ ethnic group clashes irrespective of the nature of rights/title over land. Rs.50,000.00 Ss/- (S.C. Das, IAS) Additional Chief Secretary, Revenue & D.M. Department” Page No.# 7/9 9. Thereafter, the subsequent notification dated 31.10.2023 issued excluding the cases of victims of motor accident, 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 in terms of the notification dated 15.11.2014. The notification dated 31.10.2023 is reproduced herein below:- “GOVERNMETN OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISASTER MANAGEMENT BRACH: DISPUR Email us at: revenuedm@gmail.com No. E.292233/2 NOTIFICATION The Governor of Assam is pleased to exclude the cases of victims of motor accidents, except hit and run cases and third party (not traveling in vehicle) persons hit by vehicles at public places from the purview of ex gratia policy as per OM. No. RR 33/2014/66 Dtd. 15th November, 2014 in super session of the said OM./notification. Sanction of Ex-Gratia grant will be made on the following terms and conditions 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 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. 3. After Budget allocation, the District Commissioner will issue the Financial Sanction through finassam portal for making payment to the NOK of the victim. 4. After disbursement of the Ex-gratia grant, the concerned District Commissioner will submit the Page No.# 8/9 Utilization Certificate in proper format with the particulars of drawal of the amount (viz. TV no. & Date, Bill No. & Date etc.) to the Revenue & D.M. (Disaster Management) Department. 5. The cases of Government Employees, however, will not come under the purview of this Notification. This Notification will come into force w.e.f. 01-11-2023.” 10. Perusal of the above notification shows that the next of kin of the persons killed/injured in certain violence including due to accident in public places other than killed by extremist/terrorist/extremist and due to firing of security forces are entitled to ex-gratia amount of Rs.2 lacs. 11. The subsequent notification dated 31.10.2023 reflects that the victim of motor accident except hit and run cases and third party (not traveling in vehicle) persons hit by vehicles at public places is excluded from the purview of ex-gratia grant as provided vide notification dated 15.11.2014. 12. It is brought on record that the case of late husband of the petitioner has been culminated into submission of Final Report being FR No.31/2025 dated 26.09.2025 after due completion of investigation. As fairly submitted by the learned State Counsel that in view of submission of Final Report on being the vehicle not identified due to the accident caused, as a result of which, the husband of the petitioner had died, would be covered by the case of hit and run. Thus, the petitioner being the wife of late Prabhat Medhi, who is the next of kin of the deceased, would be entitled to ex-gratia grant as per the policy of the State as referred herein above. 13. Having considered that the petitioner being the next of kin of the deceased late Prabhat Medhi and that the case would be a hit and run case and is covered by the policy for ex-gratia, I am of the considered view that the petitioner is entitled to be grant ex-grati amount of Rs.2 lacs. 14. The petitioner, thus, is directed to approach the District Commissioner, Nalbari District and submit the relevant papers for consideration of her case in terms of the notification dated 15.11.2024 and 31.10.2023 within a period of 10 (ten) days from today. 15. On receipt of the relevant papers from the petitioner, the District Commissioner shall consider and release the ex-gratia amount of Rs.2 lacs to the petitioner, if found entitled in accordance with the relevant policy of the State. 16. The entire exercise shall be completed within a period of 3 (three) months from the date of receipt of the certified copy of this order. Page No.# 9/9 Writ petition stands disposed of. JUDGE Comparing Assistant