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2026 Supreme(Online)(Gau) 13164

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Kardak Ete, J
EMAL HEMBROM and 4 ORS – Appellant
Versus
THE STATE OF ASSAM AND 6 ORS – Respondent
WP(C)/5845/2016



Advocates:
For the Appellants/Petitioners: H Kalita, R K Malakar, K R Sankar
For the Respondents: GA Assam, A Thakur, SC Finance

Claims for enhancement of ex gratia payments must be submitted through the prescribed proper administrative channel (District Commissioner) as per government policy; failure to follow procedure and non-appearance in court results in dismissal for non-prosecution.

Headnote:The petitioners, being the next of kin of deceased persons killed by extremists, sought the enhancement of ex gratia payments from Rs. 1,00,000/- to Rs. 3,00,000/- based on a subsequent Office Memorandum. The court noted that the State respondents required such claims to be submitted through the proper channel, specifically the District Commissioner, for verification and forwarding to the Government. The primary issue was whether the petitioners were entitled to the enhanced amount without following the prescribed administrative procedure. The court observed that no such proposal or claim had been received by the State through the proper channel and noted the absence of the petitioners during the proceedings. Accordingly, writ petition stands dismissed for non-prosecution.

ORDER

None appears for the petitioner on call.

Mr. H. K. Hazarika, learned State Counsel, and Ms. G. Hazarika, learned Standing Counsel, Revenue Department, for respondent Nos. 2 & 5, are present.

The petitioners, being the next of kin of the deceased person allegedly killed by extremists, were granted ex gratia of Rs. 1,00,000/- each. The claim of the petitioners in the present writ petition is for enhancement of the said amount to Rs. 3,00,000/- each in terms of a subsequent Office Memorandum, thereby seeking an additional amount of Rs. 2,00,000/- each.

The State respondents, by filing their affidavit, have categorically stated that for enhancement of ex gratia as per the relevant Office Memorandum/Policy, the claim has to be applied through proper channel, i.e. through the District Commissioner, who would verify such claim and forward the same to the Government for grant of ex gratia. However, no such proposal/ claim has been received by the State as on date.

Upon consideration of the matter, it appears that the petitioners have not applied for the additional ex gratia through proper channel as required under the Policy.

At the same time, there is no representation on behalf of the petitioners which indicates that they are no longer interested to pursue this writ petition.

Accordingly, writ petition stands dismissed for non-prosecution.

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