Gauhati High Court
WP(C)/276/2024 of SHIRLEY SLYNN Vs THE STATE OF ASSAM AND 2 ORS on 28 July 2026
GAHC010102182024 2026:GAU-AS:10468 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No.: WP(C)/276/2024 SHIRLEY SLYNN W/O- LATE M. AJAY SINGH R/O- MANIPURI BASTI HOUSE NO. 38 P.O.- ULUBARI UNDER PALTANBAZAR POLICE STATION DIST- KAMRUP(M) GUWAHATI- 781007
GAHC010102182024
2026:GAU-AS:10468
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No.: WP(C)/276/2024
SHIRLEY SLYNN
W/O- LATE M. AJAY SINGH
R/O- MANIPURI BASTI
HOUSE NO. 38
P.O.- ULUBARI
UNDER PALTANBAZAR
POLICE STATION
DIST- KAMRUP(M)
GUWAHATI- 781007
ASSAM.
VERSUS
THE STATE OF ASSAM AND 2 ORS
REPRESENTED HEREIN BY THE CHIEF SECRETARY
GOVT. OF ASSAM.
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
FINANCE DEPARTMENT.
3:DEPUTY COMMISSIONER
KAMRUP(METRO)
GUWAHATI
ASSAM.
4:THE PRINCIPAL SECRETARY
TO THE GOVERNMENT OF ASSAM
REVENUE AND DISASTER MANAGEMENT DEPARTMENT
For the Petitioner(s) : Mr. M. K. Das, Advocate For the Respondent(s) : Mr. N. Das, Govt. Advocate Ms. G. Hazarika, SC, Revenue Mr. A. Chaliha, SC, Finance
BEFORE
HON’BLE MR. JUSTICE DEVASHIS BARUAH
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
O R D E R
29.07.2026
Heard Mr. M. K. Das, the learned counsel appearing on behalf of the Petitioner. Mr. N. Das, the learned counsel appears on behalf of the Respondent Nos.1 to 3 and Ms. H. Hazarika, the learned counsel appears on behalf of the Respondent No.4.
2. The Petitioner herein has approached this Court being aggrieved due to the inaction on the part of the Respondent Authorities to make payment of the ex-gratia amount to the Petitioner in terms with the Notification dated 15.11.2014.
3. The issue involved in the instant proceedings is no longer res integra in view of the judgment and order dated 21.06.2024 passed by the learned Coordinate Bench of this Court in the case of Monisa Khatun @ Monisha Khatun Vs. the State of Assam and 5
Ors. (WP(C)No.2700/2023) wherein the learned Coordinate Bench of this Court categorically observed that ex-gratia payment in terms of the Notification dated 15.11.2014 is only payable when the vehicle which had caused the accident is not identifiable.
4. In the instant case, a perusal of the application filed by the Petitioner before the Deputy Commissioner, Kamrup (Metro) which is annexed as Annexure-IX to the writ petition categorically shows that the vehicle in question was a Bolero Pickup Van bearing registration No.AS-21-C-9685. Under such circumstances, in the opinion of this Court, the Petitioner herein is not entitled to the ex-gratia payment in terms of the Notification dated 15.11.2014 in view of the judgment of the learned Coordinate Bench in the case of Monisa Khatun @ Monisha Khatun (supra), for which the instant writ petition stands dismissed.
JUDGE Comparing Assistant