TAPAN JYOTI BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Saikia, learned counsel for the petitioner and Mr. D.P. Borah, learned Standing Counsel, Health and Family Welfare Department for all the respondents.

(2.) The petitioner has instituted this writ petition under Article 226 of the Constitution of India seeking a writ in the nature of mandamus for a direction to the State respondent authorities in the Health and Family Welfare Department issue a disability certificate in favour of the younger brother of the petitioner viz. Sri Jodupoti Bora.

(3.) The case that is laid by the writ petition, in brief, is that at around 6.15 p.m. on 16/3/2019, the petitioner's younger brother, Sri Jodupoti Bora was proceeding from Lakhimpur towards his residence at Dhakuakhana via Gogamukh by riding a motor-cycle bearing registration no. AS-07-M-1463. At that time, another vehicle bearing registration no. As-05-E-2810 [Hyundai EON], proceeding from opposite side allegedly in rash and negligent manner, knocked the motor-cycle which the younger brother of the petitioner was riding. As a result of the accident, the petitioner's younger brother, Sri Jodupoti Bora fell down from the motor-cycle on the road and sustained serious injuries in his right leg and other parts of his person. Sri Jodupoti Bora was immediately taken to the Civil Hospital at Dhemaji by Mrityunjay 108 ambulance. In connection with the accident, a First Information Report [FIR] has been lodged before the Officer In-Charge, Gogamukh Police Staion on 16/4/2019 and the said FIR has been registered as Gogamukh Police Station Case no. 68/2019 under Ss. 279/338/427, Indian Penal Code.