Asma Khatun Bibi v. The State of Assam and 5 Ors

ORDER Date : 09-12-2024 Heard Mr. M. Hussain, learned counsel for the petitioner. By filing this application, the petitioner being the next of kin has prayed for a direction to pay an amount of Rs. 2 lakh as ex-gratia amount to the petitioner on account of death of the husband of the petitioner late Mayaj Ali in terms of the policy of the State vide notification dated 15.11.2014, whereby, it provides, inter alia, ex-gratia grant to the next of kin of person killed due to accident in public places or in public carriers (other than killed by extremist/terrorist/miscreants and due to firing of security forces). Mr. A. Bhattacharjee and Mr. S. R. Baruah, learned counsels by placing the communication dated 15.11.2021 submits that an amount of Rs.2 lakh (Rupees two lakh) has already been sanctioned for payment of ex gratia to the petitioner on account of death of her husband late Mayaj Ali. Learned State counsels submit that the petitioner might have received the ex gratia grant. Having considered the submission and on perusal of the sanctioned order dated 15.11.2021 and Page No.# 3/3 considering that the present writ petition was filed on 10.08.2021, I am of the considered view that the petitioner might have already received the ex gratia amount, although the learned counsel for the petitioner has no instruction to that effect. Considering the above, I deem it appropriate to close the writ petition with a direction that the amount already sanctioned vide order dated 15.11.2021 shall be released to the petitioner, if not already been released. In view of the above, the writ petition stands closed. A copy of the communication order dated 15.11.2021 be kept on record and marked as document "X".

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010122242021 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3984/2021o ASMAoKHATUNoBIBIo W/OoLATEoMAYAJoALI,oVILL-DALANERALGAoNO.o2,oP.O.-MAKRIJHORA,o P.S.-GAURIPUR,oDIST-DHUBRI,oASSAM,oPIN-783349 VERSUSo THEoSTATEoOFoASSAMoANDo5oORS.o REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oREVENUEo(RoR)oANDoD.M.oDEPARTMENT,oDISPUR,oGUWAHATI- 2:THEoDEPUTYoCOMMISSIONER oKOKRAJAHR oASSAM oP.O.oANDoP.S.-KOKRAJHAR oDIST-KOKRAJHAR oBTR oASSAM oPIN-783370 3:THEoDEPUTYoCOMMISSIONER oDHUBRI oASSAM oP.O.oANDoP.S.-DHUBRI oDIST-DHUBRI oASSAM oPIN-783301 4:THEoCIRCLEoOFFICER oATHANIoREVENUEoCIRCLE oP.O.-BAGRIBARI oP.S.-GAURIPUR Page No.# 2/3 DIST-DHUBRI ASSAM PIN-783349 5:THE SUPERINTENDENT OF POLICE KOKRAJHAR ASSAM PIN-783370 6:THE OFFICER-IN-CHARGE BAGRIBARI POLICE STATION DIST-KOKRAJHAR BTR ASSAM PIN-78334 Advocate for the Petitioner : MR. M HUSSAIN, MR A K DAS Advocate for the Respondent : SC, REVENUE, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KARDAK ETE