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Judgment
The petitioner, who is stated to be the wife of L/NK Dulal Kumar Das of 109 Battalion, Border Security Force (BSF), who had disappeared since 28-08-2011, is before this Court seeking directions for release of the terminal/service benefits of her late husband, such as, Group Insurance etc.
Mr. S.A.Sheikh, learned counsel for the petitioner has submitted that the respondents by a communication dated 31-05-2025, had with regard to the missing case of the husband of the writ petitioner directed the petitioner to approach the concerned Court to obtain an indisputable proof of Death Declaration Order/ Certificate of the missing person and for submission to the concerned authority. Learned counsel for the petitioner further submits that the petitioner had accordingly filed a Suit for Declaration of civil death of her husband in the Court of the District Judge, South West Garo Hills, Ampati on 15-04-2026, but the said Court has not registered the said suit citing territorial issues. It is also submitted by the learned counsel that the petitioner is in receipt of family pension but the other terminal benefits are yet to be released. He therefore, prays that appropriate directions be issued directing the Court below to register the case of the petitioner so that the matter can be brought to a close.
Dr. N. Mozika, learned DSGI assisted by Ms. M.Myrchiang, learned counsel for the respondents also concurs with the submissions made by the learned counsel for the petitioner, and submits that the matter can be disposed of by directing the Court below to register the said suit and to dispose it of in accordance with law.
This Court has noted the submissions made by the learned counsel for the parties and also examined the available materials.
On the submissions of the learned counsel for the parties and the materials as placed, this writ petition is therefore disposed of with a direction that the Court of the District Judge, South West Garo Hills at Ampati, shall register the said Civil Suit for Declaration of civil death and to dispose of the same as expeditiously as possible.
As ordered above, the writ petition stands closed and disposed of.