ORDER

07.02.2022 Heard Mr. M.R. Khandakar, learned counsel for the petitioner; Mr. D. Nath, leaned Senior Government Counsel for the respondent nos. 1 and 5 – 7; Mr. P.S. Deka, learned Standing Counsel, Revenue & Disaster Management Department for the respondent no. 2; Mr. R. Borpujari, learned Standing Counsel, Finance Department for the respondent no. 3; and Mr. J. Chutia, learned Standing Counsel, Karbi Anglong Autonomous Council for the respondent no. 4.

2. The present writ petition has been preferred seeking a direction to the respondent authorities to disburse an amount of Rs. 2,00,000/- as ex-gratia to the petitioner as the next of kin of a person killed due to accident in public places or in public carriers [other than killed by extremist/terrorist/miscreants and due to firing by security forces] in terms of the policy formulated by the Revenue & Disaster Management Department, Government of Assam as contained in the Notification dated 15.11.2014.

3. It is projected on behalf of the petitioner that the petitioner is the wife of one Gopinath Basumatary. It is averred that on 11.08.2015, Gopinath Basumatary met with an accident on the PWD road at Kangki Basti under Howraghat Police Station in the district of Karbi Anglong, Assam.

4. In connection with the said accident one Sri Tufan Basumatary who is the brother of Gopinath Basumatary and the brother-in-law of the petitioner, lodged one First Information Report [FIR] before the Officer In-Charge, Howraghat Police Station on 11.08.2015 stating inter alia that at around 03-00 p.m. on 11.08.2015, Gopinath Basumatary along with others was going to Bakalia from Howraghat in a vehicle [Alto car] bearing registration no. AS-01/BL-8765 and when the vehicle reached at Kangki Basti, it was knocked down by a truck coming from the opposite direction in a rash and negligent manner. In the said accident, Gopinath Basumatary sustained serious injuries. Gopinath Basumatary was immediately taken to Howraghat Hospital but he expired in the meantime. On the basis of the said FIR, a case being Howraghat Police Station case no. 42/2015, was registered under Sections 279/337/304A/427, Indian Penal Code [IPC] and investigation was carried out. After investigation, the respondent no. 7 issued a police report Form – 54 on 04.09.2015 reporting that the deceased, Gopinath Basumatary died in a road accident on 11.08.2015. The petitioner has also submitted a death certificate dated 18.08.2015 issued by the Registrar, Birth and Death, Diphu Civil Hospital.

5. The petitioner has stated that a representation dated 16.10.2020 was submitted by her before the respondent no. 5 seeking disbursal of an amount of Rs. 2,00,000/- as ex-gratia due to the death of her husband in a road accident on the ground that the notification is applicable in respect of the death of her husband as the accident occurred in a public place.

6. Mr. Nath, learned Senior Government Advocate has submitted a communication bearing No. KGRR/Writ Petition [C] No. 4520/2021/23 dated 23.10.2021, which he has received from the respondent no. 5 along with a report.

7. As per the said report, the respondent no. 5 has already received all the requisite documents along with the police verification report. It is reported that the proposal along with the sanction order for ex-gratia amount of Rs. 2,00,000/- issued by the office of the respondent no. 5 has already been forwarded to the Revenue & Disaster Management Department, Government of Assam vide office letter No. KGRR-16[C]/Road Accident/2021/230 dated

30.09.2021 for fund.

8. Mr. Deka, learned Standing Counsel, Revenue & Disaster Management Department, in view of the above information provided by Mr. Nath, has submitted that this writ petition can be disposed of at this stage with a direction to the respondent no. 2 to take the matter of disbursal of ex-gratia amount of Rs. 2,00,000/- for consideration and to disburse the said amount within a stipulated time period, if the petitioner is found entit