Gauhati High Court

WP(C)/5845/2016 of EMAL HEMBROM and 4 ORS Vs THE STATE OF ASSAM AND 6 ORS on 4 May 2026

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GAHC010118852016 2026:GAU-AS:6090 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5845/2016 EMAL HEMBROM and 4 ORS VILL. JIADANGA/PALASHGURI, P.S. TAMARHAT, CIRCLE- BAGRIBARI, DIST. KOKRAJHAR, ASSAM. 2: SAMUEL HEMBROM VILL. JIADANGA P.S.

GAHC010118852016

2026:GAU-AS:6090

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/5845/2016

EMAL HEMBROM and 4 ORS

VILL. JIADANGA/PALASHGURI, P.S. TAMARHAT, CIRCLE- BAGRIBARI, DIST. KOKRAJHAR, ASSAM.

2: SAMUEL HEMBROM

VILL. JIADANGA

P.S. TAMARHAT

CIRCLE- BAGRIBARI

DIST. KOKRAJHAR

ASSAM.

3: MONI SOREN

D/O. LT. SOMAI SOREN

VILL. PONORGAON

P.O. BASHBARI

P.S. GAURIPUR

DIST. DHUBRI

ASSAM.

4: BAHA MANI MURMU

W/O. LT. RAMU TUDU

VILL. TUNGSHI RELIEF CAMP CIRCLE- BAGRIBARI

P.S. DHUBRI

DIST. DHUBRI

ASSAM.

5: SUSHILA HEMBROM

S/O. LT. LASER MURMU

VILL. TUNGSHI RELIEF CAMP CIRCLE- BAGRIBARI

P.S. DHUBRI

DIST. DHUBRI

ASSAM

VERSUS

THE STATE OF ASSAM AND 6 ORS

REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GHY.-

06.

2:THE COMMISSIONER and SECY.

TO THE GOVT. OF ASSAM

RELIEF AND REHABILITATION DEPTT.

DISPUR

GHY.-06.

3:THE COMMISSIONER and SECY.

TO THE GOVT. OF ASSAM

PERSONNEL-B DEPTT.

DISPUR

GHY.-06.

4:THE COMMISSIONER and SECY.

TO THE GOVT. OF ASSAM

FINANCE DEPTT.

DISPUR

GHY.-06.

5:THE JOINT SECRETARY

TO THE GOVT. OF ASSAM

REVENUE AND SISASTER MANAGEMENT DEPTT.

RELIEF AND REHABILITATION BRANCH

DISPUR

GHY.-06.

6:THE DY. COMMISSIONER

DHUBRI

DIST. DHUBRI

ASSAM.

7:THE CIRCLE OFFICER

BAGRIBARI REVENUE CIRCLE

BAGRIBARI

DIST. DHUBRI

ASSAM

Advocate for the Petitioner : MRS.H KALITA, MR.R K MALAKAR,MSK R SANKAR

Advocate for the Respondent : GA, ASSAM, MR.A THAKUR(PERSONNEL-B),SC, FINANCE

BEFORE

HONOURABLE MR. JUSTICE KARDAK ETE

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ORDER

Date : 05-05-2026 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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