DULAL CH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This intra court appeal is directed against the order dated 12.6.2017 passed by the learned Single Judge of this High Court, whereby he has dismissed appellant's WP(C) No.3167/2010.

(2.) Originally, the writ petition was filed by Bani Chakraborty and after she died, her son Dulal Chandra Chakraborty has been prosecuting the same.

(3.) One Ashok Chakraborty was son of Bani Chakroborty and brother of the appellant. They lived together at Dhubri. On 14.12.1992, Ashok Chakraborty went to market, but did not return. His body also could not be traced out by anyone including the police. Everyone thus believed that Ashok Chakraborty had become a victim of communal riots and violence after the infamous Babri Masjid demolition on 6.12.1992. Bani Chakraborty lodged a First Information Report at Police Station, Bazar TOP, Dhubri on 19.12.1992 stating therein that Ashok Chakraborty is missing since 14.12.1992. During that period, the State of Assam was also suffering from militancy. After waiting for many years, when Ashok Chakravorty did not return, nor his body was found, Bani Chakraborty filed a writ petition claiming ex-gratia compensation of Rs.3 lacs in terms of Assam Public Services (Appointment of Family Members of Persons killed by Extremist/Terrorist) Rules, 1992.