MANGAL MARDI Vs. STATE OF ASSAM
LAWS(GAU)-2018-11-156
HIGH COURT OF GAUHATI
Decided on November 12,2018

Mangal Mardi Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

KALYAN RAI SURANA, J. - (1.) Heard Mr. S.C. Biswas, learned counsel for the petitioner. Also heard Mr. R. Borpujari, learned Standing counsel, Revenue Department for the respondent No.2, Mr. S.R. Baruah, learned Government Advocate for the respondent Nos. 1, 3, 4 and 5 and Ms. R.B. Bora, learned standing counsel, BTC.
(2.) By this writ petition under Article 226 of the Constitution of India, the petitioner is seeking a direction to the respondent to pay the petitioner ex-gratia amount of Rs.3 lakh on account of killing of the sister of the petitioner, namely, Sulkhan Mardi by the extremists on 15.09.1998 when the extremists had attacked Dologaon Adivasi Village. The said incident was registered as Gossaigaon P.S. Case No. 167/1998.
(3.) The learned counsel for the petitioner submits that the prayer for ex-gratia was made before the Deputy Commissioner, Kokrajhar on 21.1.2006 which was received by the authorities on 27.1.2006. The authorities had called for a report and that the Superintendent of Police, Kokrajhar in his report under Memo No. KJR/CRIME/188/07/3012 (A), inter-alia stated as follows:- "During the further investigation, present I/O made an enquiry about the missing of above noted 11(eleven) persons and examined the Gaonbura Sri Gabrial Minj (2) Sri Jeremies Minj (3) Newas Bara and other local people of village Dologaon. On examination it was found that the aforesaid missing persons not yet returned to their respective village. So it is believed that the above missing persons might have been killed by the Bodo Extremists suspected to be NDFB during the time of ethnic violence.";


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