GAHC010224192023

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/5850/2023

SWARNA BURAGOHAIN

S/O- LATE PRADIP BURAGOHAIN, VILL- KHAKANBARI, KHAGORIGAON, P.O. POHUMARA, P.S. NORTH LAKHIMPUR, DIST.- LAKHIMPUR, (ASSAM),

PIN- 781309

VERSUS

THE STATE OF ASSAM AND 4 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.

OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, (R

AND R) BRANCH, DISPUR, GHY-6

2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM

FINANCE DEPARTMENT

ASSAM DISPUR

GHY-6

3:THE DEPUTY COMMISSIONER

LAKHIMPUR

NORTH LAKHIMPUR

ASSAM

PIN- 787001

4:THE SUPERINTENDENT OF POLICE

LAKHIMPUR

NORTH LAKHIMPUR

ASSAM

PIN- 787001

5:THE CIRCLE OFFICER

NAOBAICHA

REVENUE CIRCLE

P.S. NORTH LAKHIMPUR

DIST.- LAKHIMPUR ASSAM PIN- 78702 Advocate for the Petitioner : MR. W RAHMAN, MR M RAHMAN Advocate for the Respondent : , MR B GOGOI, SC, FINANCE,MR. S BARUAH, GA, ASSAM,MS G HAZARIKA, SC, REVENUE,, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR

ORDER

07.11.2025

1. None appears for the petitioner on call.

2. Heard Mr. R. Borpujaree, learned Standing Counsel for the Revenue Department and Mr. S. Baruah, learned counsel for the respondent Nos. 3, 4 & 5.

3. The prayer made in this writ petition is that the husband of the petitioner had succumbed to injuries received in a Road Traffic Accident (RTA) on 15.12.2008 at Pohumara daily market under the North Lakhimpur Police Station in the district of Lakhimpur, Assam.

4. In this regard, North Lakhimpur Police Case No. 815/08 under Section 279/304(A)/427 IPC was registered and after investigation, the case culminated in charge-sheet being submitted to the concerned Court.

5. The petitioner who is the wife of the deceased has prayed for granting the ex-gratia amount of Rs.2 lakhs under the notification dated 15.11.2014.

6. Mr. R. Borpujaree, learned Standing Counsel for the Revenue Department has submitted that since the matter has admittedly ended in a charge-sheet, it cannot be a case where the offending vehicle was unidentified. He has further submitted that this Court vide order dated 21.06.2024 passed in WP(C) No.2700/2023 has held that it is only in case where death occurs due to a RTA involving an unidentified vehicle that next of kin of the deceased would be entitled for payment of ex-gratia under notification dated

15.11.2014.

7. Although this Court is inclined to dispose of the writ petition in accordance with the judgment and order dated 21.06.2024 passed in WP(C) No.2700/2023 (supra), in the absence of the learned counsel for the petitioner, this Court has not been able to ascertain as to whether the offending vehicle had in fact being identified or not.

8. This writ petition is therefore disposed of directing the respondent No. 3 i.e., the District Commissioner, Lakhimpur, North Lakhimpur, Assam to verify as to whether the husband of the petitioner had expired as a result of the injuries sustained in the RTA by unidentified vehicle or not and whether the provisions of the notification dated 15.11.2014 would entitle the petitioner to be paid the ex-gratia amount.

9. Since the matter relates to a decision of the ex-gratia award amount to be paid to the petitioner, the respondents shall cause an enquiry and passed final orders within a period of 3 months from today, with a copy of the enquiry and the order to be endorsed to the petitioner at the address given in the writ petition itself.

JUDGE Comparing Assistant Order downloaded on 15-01-2026 04:03:46 AM