ORDER :

1. Heard Mr. H.R. Ahmed, learned counsel for the petitioner; Mr. R. Borpujari, learned Standing Counsel, Revenue & Disaster Management Department for the respondent no. 1; and Mr. S. Baruah, learned Junior Government Advocate, Assam for the respondent nos. 2–6.

2. The petitioner has instituted this writ petition under Article 226 of the Constitution of India seeking inter alia a direction to the State respondent authorities to disburse an amount of Rs. 2,00,000/-in terms of a notification dated 15.11.2014 of the Revenue & Disaster Management Department, Government of Assam claiming that he is one of the Next of Kins [NoKs] of the deceased person viz. Late Ziaur Rahman Khan. It is claimed that Late Ziaur Rahman Khan died in a road traffic accident occurred at a public place.

3. The petitioner has claimed to be the father of the said deceased person, Late Ziaur Rahman Khan.

4. The case projected by the petitioner, in brief, is that at around 03-00 p.m. on 18.07.2015, while the son of the petitioner viz. Ziaur Rahman Khan was on his way to home as a pillion rider in a motorcycle bearing registration no. AS-19/D-7903 with one of his friends as rider of the motorcycle from Janata Bazar side, the offending vehicle bearing registration no. AS-15/H-2428, coming in a rash and negligent manner and at a high speed, knocked down the motorcycle in front of Balukuchi F.S. Village near within Balikuchi Police Out Post, District – Barpeta. As a result of the accident, Ziaur Rahman Khan sustained grievous injuries and he was immediately taken to Barpeta Civil Hospital, Kalgachia. Finding his condition serious, he was referred to Fakaruddin Ali Ahmed Medical College & Hospital [FAAMCH], Barpeta but at the FAAMCH, Ziaur Rahman Khan succumbed to the injuries sustained. The Post-Mortem Examination [PME] on the deadbody of the deceased was performed at FAAMCH, Barpeta on 19.07.2015. As per the PME Report [Annexure-2], the death was due to hemorrhage resulting from injuries sustained on the chest and abdomen. All the injuries were reported to be ante-mortem in nature caused by blunt force. In connection with the said accident, a case, Kalgachia Police Station Case no. 733/2015 has been registered under Sections 179/304A, Indian Penal Code against the driver of the offending vehicle bearing registration no. AS-15/H-2428. In connection with the said accident, the Officer In-Charge, Kalgachia Police Station has issued a Police Report in Form no. 54 [Annexure-3]. The First Information Report [FIR] lodged in connection with Kalgachia Police Station Case no. 733/2015 is, however, not part of the case papers.

4.1. On an application being made, the Deputy Commissioner, Barpeta has issued a Next of Kin [NoK] certificate dated 12.03.2020 [Annexure-7] certifying that the deceased person had left the petitioner i.e. the father and Rahitan Nessa i.e. the mother as his Next of Kins [NoKs]. After the death of the afore-stated person, the petitioner stated to have submitted a representation dated 21.01.2017 [Annexure-5] before the Deputy Commissioner, Barpeta seeking the ex-gratia amount of Rs. 2,00,000/-for the deceased person in terms of the policy framed by the Government in the Revenue & Disaster Management Department and as notified by the notification dated 15.11.2014. When no response was received from the office of the Deputy Commissioner, Barpeta, the petitioner has approached this Court by this writ petition.

5. It has, thus, been contended on behalf of the petitioner that he is one of the Next of Kins [NoKs] of the deceased person who died in a road traffic accident occurred on 18.07.2015 at a public place. It is further contended that as such Next of Kin [NoK] of the deceased person killed in such accident, he is entitled to receive the quantum of relief in terms of the policy formulated by the State Government, which has been notified by the notification dated 15.11.2014 [Annexure-4].

6. On perusal of the said notification dated 15.11.2014, it i