Abu Bakkar Siddique @ Bakkar Siddique v. The State of Assam and 5 Ors

ORDER Date : 16.12.2024

Heard Mr. A. Islam, the learned counsel appearing on behalf of the petitioner. Ms. N. Bordoloi, the learned Standing Counsel appears on behalf of the respondent No. 1, Mr. R. Borpujari, the learned Standing Counsel appears on behalf of the respondent No. 2 and Mr. S.S. Roy, the learned Government Advocate appears on behalf of the respondent Nos. 3, 4, 5 and 6.

¶2The petitioner herein is the father of a child namely Late Momirul Islam. Unfortunately, while his son, who was 7(seven) years old when he Page No.# 3/4 went to take a bath in the river Brahmaputra along with his mother on

07.08.2019, his son was drowned and later on his body was recovered by the SDRF. In that regard, a Bilasipara P.S. U/D Case No. 15/2019 dated

08.08.2019 was also registered and the police had also given a report dated 24.09.2019, evidencing that the son of the petitioner has expired upon being drowned in the river Brahmaputra. The petitioner thereupon had applied for compensation on 07.11.2019 in terms with the Notification dated 15.11.2014 whereby the State of Assam had formulated a Policy to grant compensation on account of various incidents including when a person is killed due to accident in public places or in public carriers (other than killed by extremists/terrorists/miscreants and due to the firing of security forces) of an amount of Rs. 2,00,000/-(Rupees Two Lakh).

¶3The petitioner's representation was submitted to the Revenue Department on 07.11.2019, which remained unanswered for which the petitioner has approached this Court by filing the writ petition.

¶4This Court has duly taken note of that the learned Coordinate Benches of this Court had passed orders thereby directing certain verifications to be carried out and thereupon to make payment.

¶5Taking into account the above, this Court therefore disposes of the instant writ petition thereby directing the petitioner herein to submit a certified copy of the instant order to the Principal Secretary of the Government of Assam, Revenue and Disaster Management Department.

¶6Upon receipt of the said certified copy the Principal Secretary to the Government of Assam, Revenue and Disaster Management Department Page No.# 4/4 who is the respondent No. 1 herein is directed to make necessary verifications through the Office of the Deputy Commissioner, Dhubri as well as the Superintendent of Police, Dhubri and thereupon if it is found that the petitioner is entitled to in terms with the Notification dated

15.11.2014, shall make necessary disbursement of the amount to which the petitioner is entitled to as per the said notification.

¶7The said exercise be completed within 4(four) months from the date of a certified copy is served upon the respondent No. 1. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010215282023 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5631/2023o ABUoBAKKARoSIDDIQUEo@oBAKKARoSIDDIQUEo S/O-oCHAKITANoNESSA,o VILL-o279oNAYERoALGAoPARToI,o P.S-oBILASIPARA,oDIST-oDHUBRI,oASSAM,oPIN-783348 VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REP.oBYoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o REVENUEo(RELIEFoANDoREHABILITATION)oANDoDISASTERo MANAGEMENToDEPARTMENTo oDISPUR,oGHY-06. 2:THEoCOMMISSIONERoANDoSECRETARYB oTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPARTMENTo oDISPUR oGHY-06. 3:THEoDEPUTYoCOMMISSIONER oDHUBRI o DIST.-oDHUBRI oASSAM.o PIN-783301 4:THEoSUPERINTENDENToOFoPOLICE oDHUBRI o DIST.-oDHUBRI oASSAM.o PIN-783301 Page No.# 2/4 5:THE OFFICER IN CHARGE BILASIPARA POLICE STATION DHUBRI DIST.- DHUBRI ASSAM. PIN-783348 6:THE CIRCLE OFFICER BILASIPARA REVENUE CIRCLE P.S- BILASIPARA DIST.- DHUBRI ASSAM. PIN-78334 For the Petitioner(s) : Mr. A. Islam, Advocate For the Respondent(s) : Mr. S.S. Roy, Govt. Advocate Mr. R. Borpujari, SC, Finance Ms. N. Bordoloi, SC, Revenue BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH