✦ Gauhati High Court

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM AND 5 ORS

SANJAY KUMAR MEDHI3 min read

Case at a glance

Bench
SANJAY KUMAR MEDHI

Outcome

Disposed of

similar matters, the present writ petition is disposed of by directing the Deputy

Provisions considered

Key paragraphs

  • Para 55. In view of the above, by following the orders passed on earlier occasions in similar matters, the present writ petition is disposed of by directing the Deputy Commissioner, Dibrugarh to take on record the application dated 02.04.2022 and after verification of the credentials and…

Judgment

BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

20.07.2022 ORDER Heard Shri M. Saikia, learned counsel for the petitioner. Also heard Ms. M. Barman, learned State Counsel for the respondent nos. 1, 4, 5 and 6 whereas Shri R. Borpujari, learned Standing Counsel, Revenue as well as Finance Department for the respondent nos. 2 and 3.

2.

The subject matter of this writ petition pertains to claim for ex gratia payment in terms of a notification dated 15.11.2014. It is the case of the petitioner that her husband, Dipak Dey had expired in a road accident on 01.05.2021 under the jurisdiction of the Moranhat Police Station in the district of Dibrugarh. The petitioner, in support of the said claim, has referred to the Post Mortem Report dated 02.05.2021 and also the fact that a police case has been registered as Moranhat PS Case No. 38/2021 under Sections 279 / 338/ 304(A) of IPC.

3.

Shri Saikia, learned counsel for the petitioner has submitted that at present a notification dated 15.11.2014 of the Government of Assam is holding the field as per which financial assistance to such victims is awarded as ex gratia amount is Rs. 2(two) lakhs. It is the further case of the petitioner that she had applied for such financial assistance on 02.04.2022 before the Deputy Commissioner, Dibrugarh, which is still pending and therefore the present application has been filed before this Court.

4.

Shri R. Borpujari, learned Standing Counsel, Revenue as well as Finance Department fairly submits that under the similar facts and circumstances, this Court Page No.# 3/3 had passed a number of orders including an order dated 11.02.2021 passed in WP(C)/8815/2019 (Sujeet Nandi & Anr. Vs. State of Assam & Anr.). It is submitted by Shri Borpujari, learned Standing Counsel that the amount may be directed to be released after verification of the accident and other credentials in support of the claim. The aforesaid submission of Shri Borpujari is also endorsed by Ms. Barman, learned State Counsel.

Operative part

5.

In view of the above, by following the orders passed on earlier occasions in similar matters, the present writ petition is disposed of by directing the Deputy Commissioner, Dibrugarh to take on record the application dated 02.04.2022 and after verification of the credentials and claim, release the amount of Rs. 2(two) lakhs as per the notification dated 15.11.2014 to the petitioner.

6.

The entire exercise be completed within a period of 3(three) months.

7.

To facilitate the Deputy Commissioner, Dibrugarh to do the needful, the petitioner is directed to furnish a copy of the application dated 02.04.2022 and / or a fresh representation along with a certified copy of this order which the petitioner may obtain.

8.

It is needless to observe that the period of 3(three) months would reckon from the date of submission of the application along with certified copy of this order. JUDGE Comparing Assistant

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: similar matters, the present writ petition is disposed of by directing the Deputy

Which statutory provisions did this judgment involve?

Indian Penal Code, 1860 — ss. 279, 304(A), 338.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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