Gauhati High Court
WP(C)/575/2024 of HAYTAN NESSA Vs THE STATE OF ASSAM AND 4 ORS on 18 June 2026
GAHC010017782024 2026:GAU-AS:8914 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/575/2024 HAYTAN NESSA W/O- LATE MOKHLESUR RAHMAN, R/O- VILL- HOWLY TOWN, WARD NO. 1, P.O. AND P.S. HOWLY, DIST- BARPETA, ASSAM, PIN- 781316 VERSUS THE STATE OF
GAHC010017782024
2026:GAU-AS:8914
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/575/2024
HAYTAN NESSA
W/O- LATE MOKHLESUR RAHMAN, R/O- VILL- HOWLY TOWN, WARD NO.
1, P.O. AND P.S. HOWLY, DIST- BARPETA, ASSAM, PIN- 781316
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT
DEPARTMENT, (RELIEF AND REHABILTATION BRANCH), DISPUR, GUWAHATI- 781006
2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI- 781006
3:THE DISTRICT COMMISISONER OF BARPETA DISTRICT
ASSAM
P.O. AND P.S. BARPETA
PIN- 781314
4:THE CIRCLE OFFICER
BARPETA REVENUE CIRCLE
P.O. AND P.S. BARPETA
DISTRICT- BARPETA
ASSAM
PIN- 781314
5:THE OFFICER-IN-CHARGE OF HOWLY POLICE STATION
P.O. HOWLY
DIST- BARPETA
ASSAM
PIN- 78131
For the Petitioner(s) : Mr. S. I. Akand, Advocate For the Respondent(s) : Ms. G. Hazarika, SC, Revenue Ms. M. Barman, Govt. Advocate
BEFORE
HON’BLE MR. JUSTICE DEVASHIS BARUAH
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O R D E R
19.06.2026
Heard Mr. S. I. Akand, the learned counsel appearing on behalf of the Petitioner. Ms. G. Hazarika, the learned counsel appears on behalf of the Revenue and Disaster Management Department and Ms. M. Barman, the learned Government Advocate appears on behalf of the State Respondents.
2. The Petitioner has approached this Court being aggrieved on account of not granting the ex-gratia compensation to the Petitioner upon the death of her husband as per the Government Notification dated 15.11.2014 issued by the Government of Assam, Revenue (Relief and Rehabilitation Branch) and Disaster Management Department.
3. The issue involved in the instant writ petition is squarely covered by the judgment of the learned Coordinate Bench of this Court in the case Monisa Khatun @ Monisha Khatun Vs. the State of Assam and 5 Ors., reported in 2024 (4) GLT 476 whereby the learned Coordinate Bench held that to be entitled to the benefit of the Notification dated 15.11.2014, the accident must be in connection with acts committed by extremists, terrorists or miscreants or accident arising out of group clashes, communal violence and ethnic violence. It is also observed that the Notification dated 15.11.2014 cannot be read as if all persons suffering from any accident, except hit and run case where the offending vehicle remains unidentified in the Final Form after police investigation would become entitled to ex-gratia where other statutory remedies are available.
4. Taking into account the above, as in the instant case, the offending vehicle in question was clearly identified as vehicle bearing registration No.AS-26-D-4560, it is the opinion of this Court that the Petitioner herein would not be entitled to the ex- gratia for which the writ petition stands dismissed.
JUDGE Comparing Assistant