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Patna High Court

BiharversusSuresh Sah

Decided
Disposal
DISMISSED

Holding

The 2021 notification was in force at the time of the accident and, being non‑retrospective, obliges the respondents to pay the petitioner the full Rs 5 lakh ex‑gratia, with the balance of Rs 4.75 lakh to be disbursed.

Summary

The petitioner Suresh Sah sought compensation for the death of his son in a hit‑and‑run accident on 21 March 2022. He claimed entitlement to an ex‑gratia amount of Rs 5 lakh under the Bihar Motor Vehicle (Amendment‑1) Rules, 2021 (Notification No. 11‑08‑2021), which was in force at the time of the accident, and had already received Rs 25,000 under the 1989 Solatium Scheme. The State argued that the notification had been stayed by earlier writ orders and later repealed, limiting the claim to Rs 25,000. The Court held that the 2021 notification was valid and enforceable for accidents occurring before its repeal, that the stay did not extinguish the petitioner’s right, and that the repeal was not retrospective. Consequently, the petitioner was entitled to the full Rs 5 lakh, with the balance of Rs 4.75 lakh directed to be paid by the District Magistrate. The State’s letters‑patent appeal was dismissed.

Issues considered

  • Whether the Bihar Motor Vehicle (Amendment‑1) Rules, 2021 providing Rs 5 lakh ex‑gratia for hit‑and‑run deaths applied to an accident that occurred on 21 March 2022.
  • Whether the stay of operation of the 2021 notification by the Court barred the claim for compensation.
  • Whether the subsequent notification of 20 Oct 2023 repealing the 2021 rules had retrospective effect.
  • What amount of compensation is payable under the Bihar Motor Accident Claim Tribunal Act versus the Solatium Scheme, 1989.

Legislation cited

Subjects

  • ex gratia compensation
  • hit and run
  • motor accident claim
  • stay of notification
  • retrospective effect
  • Solatium Scheme 1989
  • Bihar transport department
  • letters patent appeal
  • interim compensation

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Letters Patent Appeal No.77 of 2025
                                         In
                    Civil Writ Jurisdiction Case No.316 of 2024
     ======================================================
1.    The State of Bihar through the Additional Chief Secretary, Department of
     Transport, Government of Bihar, Patna.
2.   The Secretary, Department of Transport, Government of Bihar, Patna.
3.   The State Transport Commissioner, Government of Bihar, Patna.
4.   The District Magistrate, West Champaran, Bettiah.
5.   The District Transport Officer, West Champaran, Bettiah.
6.   The Sub-Divisional Officer, West Champaran, Bettiah.
7.   The Station House Officer, Jagdishpur, District- West Champaran, Bettiah.

                                                                 ... ... Appellants
                                       Versus

     Suresh Sah Son of Late Badelal Sah, Resident of Village- Baniyapatti, Ward
     No.8, Jagdishpur, P.O. Jagdishpur, Police Station- Nautan (Jagdishpur),
     District- West Champaran.


                                                                ... ... Respondent
     ======================================================
     Appearance :
     For the Appellants   :       Mrs. Shweta Anand, AC to GP-13
     For the Respondent   :       Mr. Manoj Kumar, Advocate
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE HARISH KUMAR

     ORAL JUDGMENT

     (Per: HONOURABLE THE CHIEF JUSTICE)

      Date : 28-04-2026

                  This Letters Patent Appeal has been filed by the State

      of Bihar challenging the order dated 25.07.2024 passed by the

      learned Single Judge in C.W.J.C. No. 316 of 2024 directing the

      District Magistrate, West Champaran at Bettiah to pay a sum of
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         Rs. 4,75,000/- (Rupees Four Lakh Seventy-Five Thousand

         Only) to the writ petitioner within a period of eight weeks from

         the date of the order, failing which the District Magistrate shall

         not draw his salary.

                      2. The aforesaid writ petition was filed by the writ

         petitioner Suresh Sah seeking for the following relief(s):

                      “i) For issuance of writ in the nature of
                            certiorari for quashing the Letter No. 444
                            dated 05.04.2023 by which the claim of the
                            petitioner for compensation under Bihar
                            Motor Accident Claim Tribunal Act has
                            been kept in abeyance.
                      ii) For issuance of writ directing the
                            respondents          to        grant        the
                            compensation/interim         compensation/ex-
                            gratia in accordance with law to the
                            petitioner.
                      iii) For any other relief/reliefs for which the
                            petitioner is entitled for in the eye of law.”

                      3. It is the case of the writ petitioner that on

         21.03.2022 at about 10:15 p.m., his son Manjit Kumar died in a

         road accident due to rash driving of an unknown truck near

         Hero Honda Agency, Jagdishpur and in connection with such

         accident, Nautan (Jagdishpur) P.S. Case No. 158 of 2022 was

         registered on 22.03.2022 under sections 279 and 304A of the

         Indian Penal Code against an unknown truck driver.

                      During the course of investigation, the dead body of

         the son of the writ petitioner was sent for post mortem
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         examination and Death Certificate was also issued. The S.H.O.,

         Jagdishpur, Bettiah, District - West Champaran asked the writ

         petitioner to submit the required documents which were handed

         over to the S.H.O. to do the needful with regard to the

         compensation.

                      Thereafter, Form Nos. C-1 and C-4 were handed over

         to the writ petitioner by the officials of the District Transport

         Officer, West Champaran, Bettiah and the writ petitioner was

         supposed to submit such Forms before the Sub-Divisional

         Officer, West Champaran, Bettiah for claim of compensation.

         Accordingly, the claim applications in the prescribed form were

         submitted on 06.01.2023 before the concerned authority. The

         writ petitioner approached the authorities on various occasions

         for release of the compensation amount, but having found no

         succour, he filed his application before the Public Grievance

         Cell on 16.03.2023. Thereafter, the District Transport Officer,

         West Champaran, Bettiah by Letter No. 444 dated 05.04.2023

         informed the District Public Grievance Redressal Officer, West

         Champaran, Bettiah, that due to the stay of operation of

         Notification Nos. 683 and 684 by this Court in the writ

         petitions, the compensation could not be granted.

                      4. It is the further case of the petitioner that in view of
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         the nature of orders passed by this Court on 29.06.2022 and

         21.12.2022 in C.W.J.C. No. 2183 of 2022 and other analogous

         cases,      there     was      no      embargo   in   granting   interim

         compensation/ex-gratia amount before the determination of the

         final amount of compensation.

                      5. After issuance of notice, Respondent Nos. 4 and 5

         filed the counter affidavit, which was duly sworn by the District

         Transport Officer, West Champaran, Bettiah, wherein, the

         following stand was taken:

                      “7. That in compliance the District Transport
                          Officer, West Champaran, Bettiah vide his
                          Letter No.444 dated 05.04.2023 has
                          submitted his report mentioning therein
                          that the Hon'ble High Court vide order
                          dated 21.12.2022 passed in CWJC
                          No.3362/2022 and other analogous cases
                          has stayed the operation of gazette
                          notification nos.683 and 684 dated
                          11.08.2021 and public notice dated
                          01.12.2021, which has been communicated
                          by the Transport Department vide his letter
                          no.9876 dated 27.12.2022 (Annexure-P/7
                          of the writ application).
                      8. That considering the aforesaid report the
                          DPGRO has disposed of application of the
                          writ petitioner vide order dated
                          06.04.2023, whereby and whereunder the
                          DPGRO has suggested the writ petitioner
                          to wait for the order of the Hon'ble High
                          Court.
                      9. That it is pertinent to mention here that vide
                          notification no.684 dated 11.08.2021 the
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                          Transport Department, Bihar has issued
                          gazette notification namely Motor Vehicle
                          (Amendment-1) Rules, 2021. Under rule
                          225F of this rule, amendment has been
                          inserted regarding Hit & Run Cases,
                          whereunder certain amendments has been
                          made. It is also mentioned in the
                          notification that the notification will be
                          given effect since 15.09.2021. Over the
                          time it has been deleted by the department
                          in light of CWJC No.3362/2022.
                      10. That it is most humbly submitted that CWJC
                          No.3362/2022, has been disposed of by the
                          Hon'ble High Court vide order dated
                          28.11.2023, whereby and whereunder the
                          Hon'ble Court has directed that if any
                          compensation remains to be paid, which
                          payment was interdicted only by virtue of
                          the pendency of the instant writ petitions
                          and the interim order passed therein, the
                          same would be paid as expeditiously as
                          possible by the District Magistrates to the
                          victims of the accident or their dependents.
                      11. That it is further most humbly submitted
                          that the authority concerned has perused
                          the matter and found that matter at hand is
                          covered under Solatium Scheme, 1989
                          because date of death of the son of writ
                          petitioner was 21.03.2022, (prior to
                          01.04.2022) hence vide letter no.168 dated
                          01.02.2024 a report has been sought from
                          the Sub-Divisional Officer, Bettiah Sadar
                          (claims Enquiry Officer under the scheme).
                      12. That considering the aforesaid direction the
                          Sub-Divisional Officer, Bettiah Sadar vide
                          his letter no.17 dated 03.02.2024 has sent
                          his recommendation for payment of
                          compensation of Rs.2,00,000/- (Two Lakh
                          Rupees).
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                      13. That it is most humbly submitted that, after
                          receipt of the recommendation of Sub-
                          Divisional Officer, Bettiah Sadar, the
                          authority concerned has perused the matter
                          and found that matter at hand is covered
                          with Solatium Scheme, 1989 under which
                          Rs.25,000/- (Twenty Five Thousand) is
                          allowed as compensation as death claim,
                          hence assigning the reasons therein vide
                          sanction order dated 05.02.2024 contained
                          in memo no.43/transport, Rs.25,000/- has
                          been sanctioned in favour of the writ
                          petitioner     and    same     has     been
                          communicated to the Lead Insurer i.e. New
                          India Assurance Company Ltd. for
                          payment.”

                      6. A supplementary counter affidavit was also filed by

         Respondent Nos. 4 and 5, wherein it is stated as follows:

                      “3. That this supplementary counter affidavit is
                          being filed in compliance to the order
                          dated 30.04.2024, passed by this Hon'ble
                          Court in the instant matter, whereby and
                          whereunder this Hon'ble Court has been
                          pleased to direct the counsel for the State
                          to produce the letter no.5097 dated
                          18.08.2021, issued by the Transport
                          Department, Bihar.
                      4. That in compliance to the aforesaid order a
                          copy of letter no.5097 dated 18.08.2021,
                          issued by the Transport Department, Bihar.
                      5. That with regard to the aforesaid letter it is
                          most humbly submitted that the letter
                          no.5097 dated 18.08.2021 has been issued
                          by the department in pursuance to
                          notification no.684 dated 11.08.2021 by
                          which Gazette Notification namely Motor
                          Vehicle (Amendment-1) Rules, 2021 has
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                             been issued giving effect from 15.09.2021.
                             Over the time the said notification was
                             deleted by the department in light of the
                             CWJC No.3362/2022 and other analogous
                             cases.”

                      7. Respondent Nos. 4 and 5 further filed the second

         supplementary counter affidavit, wherein it is stated as follows:

                      “3. That this supplementary counter affidavit is
                          being filed in compliance to the order
                          dated- 24/06/2024, passed by this Hon'ble
                          Court in the instant matter, whereby and
                          where under this Hon'ble Court has been
                          pleased to direct the counsel for the State
                          to produce notification issued by the
                          department, deleting the Circular dated
                          18.08.2021 and also copy of the final
                          judgment passed in writ petition bearing
                          CWJC No. 3362 of 2022.
                      4. That in compliance to the aforesaid order it
                          is    most      humbly      submitted     that
                          department's letter no. 5097, dated-
                          18/08/2021 is not a Circular, but a
                          directive letter all the District Magistrates,
                          Senior issued to all the Superintendent of
                          Police/Superintendent of Police of Bihar
                          State to organize a training programme at
                          district level so that the Bihar Motor
                          Vehicle (Amendment-1) Rule, 2021 and
                          Bihar Motor Accident Claims Tribunal
                          (Amendment-1) Rules, 2021 shall be given
                          effect from 15/09/2021.
                      5. That in compliance of the order dated-
                          24/06/2024, passed by the Hon'ble Court
                          in the matter, final judgment dated-
                          28/11/2023 passed in writ petition bearing
                          CWJC No. 3362 of 2022, is being annexed
                          herewith this supplementary counter
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                            affidavit.
                      6.    That it is most humbly pertinent to mention
                            here that under Solatium Scheme, 1989
                            compensation of Rs. 25,000/- had been
                            sanctioned to the writ petitioner. It is
                            further submitted that vide Cheque No.
                            582188       dated-13/06/2024      aforesaid
                            amount has been paid to the writ
                            petitioner.”

                      8. The learned Single Judge after hearing the learned

         counsel for the respective parties and considering the materials

         placed on record has been pleased to hold as follows:

                      “8. I have heard the learned counsel for the
                          parties and perused the materials on
                          record from which it is apparent that the
                          aforesaid notification dated 11.08.2021,
                          issued by the Transport Department,
                          Government of Bihar, Patna, postulates
                          that in a hit and run case, in cases of
                          death, a sum of Rs. 5 lakh, by way of ex
                          gratia amount, would be paid to the next of
                          kin of the deceased and moreover, the said
                          notification dated 11.08.2021 has though
                          been repealed by a subsequent notification
                          dated 20.10.2023, however, with effect
                          from 26.10.2023, hence undeniably during
                          the intervening period, the aforesaid
                          notification dated 11.08.2021 was legally
                          valid, enforceable, applicable and binding
                          upon the respondents, thus the petitioner is
                          entitled to be paid a sum of Rs. 5 lakhs, by
                          way of ex gratia amount.
                      9. Consequently, I deem it fit and proper to
                          direct the District Magistrate, West
                          Champaran at Bettiah to pay the balance
                          amount of Rs. 4,75,000 to the petitioner,
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                             within a period of eight weeks from today,
                             failing which he shall not draw his
                             salary.”

                      9. The learned counsel appearing for the State

         contended that the impugned order is not sustainable in the eyes

         of law. She argued that there is no dispute that the son of the

         writ petitioner met with a road accident which took place on

         21.03.2022 at about 10:15 p.m., and that he died on account of

         such accident and Nautan (Jagdishpur) Police Station Case No.

         158 of 2022 was registered in connection with such accidental

         death.

                      According to the learned State Counsel, the Gazette

         notification dated 11.08.2021 was issued by the Transport

         Department, Government of Bihar, Patna vide ‘Bihar Motor

         Vehicle (Amendment-1) Rules, 2021’, which was made

         effective from 15.09.2021 and the amended section 225-F(2)

         provided for the payment of interim compensation to the tune of

         Rs. 5,00,000/- (Rupees Five Lakhs Only) to the dependent of

         the deceased in the event of death and Rs. 50,000/- (Rupees

         Fifty Thousand Only) to the person sustained grievous hurt from

         the Bihar Vehicle Accident Assistance Fund.

                      It is argued that the particular notification was the

         subject matter of challenge before this Court in C.W.J.C. No.
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         2183 of 2022 (Sandeep Raj -Vrs.- State of Bihar & Ors.) and

         other analogous cases, and the Division Bench of this Court

         vide order dated 21.12.2022 has been pleased to stay the

         operation of the Gazette Notification Nos. 683 and 684 dated

         11.08.2021 so also the Public Notice dated 01.12.2021 and

         further directed the State Government to revisit the issue.

                      It is further argued that in compliance of the order

         passed by this Court, the State Government revisited the earlier

         Notification dated 11.08.2021 and issued fresh Notification

         dated 20.10.2023 which was published in the Bihar Gazette,

         dated 26.10.2023 to be made effective from that day and it was

         styled as ‘Bihar Motor Vehicle Accident Claim Tribunal

         (Establishment and Service Condition) Rules, 2023’, whereby

         and whereunder, the amendment made in Rule 225-A to 225-F

         and Rule 226 to Rule 247 was repealed.

                      It is further argued that the payment of Rs. 5 Lakh as

         interim compensation amount could be made to the dependent

         of the deceased by way of interim arrangement in terms of

         section 225-F of the Gazette notification dated 11.08.2021

         which deals with hit and run cases and since the operation of the

         notification was stayed and it was ultimately repealed by the

         State Government, the writ petitioner could not be granted the
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         interim compensation amount.

                      She further argued that the writ petitioner is only

         entitled to a sum of Rs. 25,000/- (Rupees Twenty-Five

         Thousand Only) as per the Solatium Scheme, 1989 and in view

         of section 161 of the Motor Vehicles Act, 1988, amended from

         time to time, the amount of compensation for hit and run claim

         has been fixed from Rs. 25,000/- to Rs. 2 Lakh in cases of

         death. However, the said amendment came into effect from

         01.04.2022. Hence, the writ petitioner shall be entitled only for

         a sum of Rs. 25,000/- as the death of son of the writ petitioner

         has taken place on 21.03.2022.

                      10. Learned counsel for the respondent on the other

         hand submitted that C.W.J.C. No. 2183 of 2022 and other

         analogous cases were filed in a different context altogether. The

         stay order that was passed has nothing to do with grant of

         compensation to the writ petitioner and in fact, the subsequent

         notification dated 20.10.2023 repealing the earlier notification

         dated 11.08.2021 was having no retrospective operation and

         therefore, such repeal which came into effect from 26.10.2023

         will have no bearing regarding payment of Rs. 5 Lakh to the

         writ petitioner by way of ex gratia amount on account of death

         of his son in a hit and run case as the accident and death took
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         place on 21.03.2022.

                      11. Adverting to the contentions raised by the learned

         counsel for the respective parties, at first, we want to highlight

         certain undisputed facts. There is no dispute that the accident, in

         question, in which the son of the writ petitioner died, took place

         on 21.03.2022 and the death also took place on the same day

         and in connection with such accident and death, the case was

         registered at Nautan (Jagdishpur) Police Station. It is also not

         disputed that Gazette notification was published on 11.08.2021

         by the Transport Department, Government of Bihar, Patna,

         which was styled as ‘Bihar Motor Vehicle (Amendment-1)

         Rules, 2021’ and it was made effective from 15.09.2021 and the

         same was in force till it was repealed by issuance of a fresh

         notification dated 20.10.2023, which was made effective from

         26.10.2023 after its publication in the Bihar Gazette on that day.

         Thus, the notification dated 11.08.2021 was in force as on the

         date on which the accident and the death took place which was

         obviously much before the issuance of fresh Gazette

         notification.

                      12. In view of the foregoing discussions, we are of the

         view that the stay of operation of the Gazette notification by this

         Court in the writ petition for a particular period, is not a ground
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         to debar the claim of the writ petitioner to get the relief as per

         the said notification. It is pertinent to note that though the

         Division Bench of this Court vide order dated 21.12.2022

         passed in C.W.J.C. No. 2183 of 2022 and other analogous cases

         stayed the operation of Gazette notification Nos. 683 and 684

         dated 11.08.2021, but vide order dated 28.11.2023, while

         disposing of the writ petitions, made it clear that if any

         compensation amount remains to be paid, which payment was

         interdicted only by virtue of the pendency of the writ petitions

         and the interim order passed therein, the same shall be paid as

         expeditiously as possible by the District Magistrates to the

         victims of the accident or their dependents.

                      13. The Hon’ble Supreme Court in the case of P.

         Mahendran -Vrs.- State of Karnataka, reported in (1990) 1

         Supreme Court Cases 411, has held as follows:

                         “5. It is well settled rule of construction that
                               every statute or statutory rule is
                               prospective unless it is expressly or by
                               necessary implication made to have
                               retrospective effect. Unless there are
                               words in the statute or in the Rules
                               showing the intention to affect existing
                               rights the rule must be held to be
                               prospective. If a rule is expressed in
                               language which is fairly capable of
                               either interpretation, it ought to be
                               construed as prospective only. In the
                               absence of any express provision or
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                                 necessary intendment, the rule cannot
                                 be given retrospective effect except in
                                 matter of procedure ...”

                      In the case of Zile Singh -Vrs.- State of Haryana,

         reported in (2004) 8 Supreme Court Cases 1, the Hon’ble

         Supreme Court has held as follows:

                      “13.     It is a cardinal principle of
                                construction that every statute is
                                prima facie prospective unless it is
                                expressly     or      by    necessary
                                implication made to have a
                                retrospective operation. But the rule
                                in general is applicable where the
                                object of the statute is to affect
                                vested rights or to impose new
                                burdens or to impair existing
                                obligations. Unless there are words
                                in the statute sufficient to show the
                                intention of the legislature to affect
                                existing rights, it is deemed to be
                                prospective     only     —      “nova
                                constitutio futuris formam imponere
                                debet non praeteritis” — a new law
                                ought to regulate what is to follow,
                                not the past. (See Principles of
                                Statutory Interpretation by Justice
                                G.P. Singh, 9th Edn., 2004 at p.
                                438.) It is not necessary that an
                                express provision be made to make
                                a statute retrospective and the
                                presumption against retrospectivity
                                may be rebutted by necessary
                                implication especially in a case
                                where the new law is made to cure
                                an acknowledged evil for the benefit
                                of the community as a whole (ibid.,
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                                p. 440).”

                      The Hon’ble Supreme Court in the case of M.P. -Vrs.-

         G.S. Dall and Flour Mills, reported in 1992 Supp (1) Supreme

         Court Cases 150, has held as follows:

                       “21.      ...In view of this interpretation, the
                                 1987 amendment has the effect of
                                 rescinding the exemption granted
                                 by the 1981 notification in respect
                                 of the industries mentioned by it.
                                 Section 12 is clear that, while a
                                 notification under it can be
                                 prospective or retrospective, only
                                 prospective operation can be given
                                 to a notification rescinding an
                                 exemption granted earlier. In the
                                 interpretation, we have placed on
                                 the notification, the July 3, 1987
                                 notification cannot be treated as
                                 one merely clarifying an ambiguity
                                 in the earlier one and hence
                                 capable of being retrospective; it
                                 enacts the rescission of the earlier
                                 exemption and, hence, can operate
                                 only prospectively. It cannot take
                                 away the exemption conferred by
                                 the earlier notification.”

                      14. In view of the final order passed by the Division

         Bench on 28.11.2023 in the writ petitions and the judgments of

         the Hon’ble Supreme Court as discussed above along with the

         fact that the repeal notification dated 20.10.2023 has got no

         retrospective effect, we are of the humble view that the learned
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         Single Judge has rightly come to the conclusion that the

         notification dated 11.08.2021 was legally valid, enforceable,

         applicable and binding upon the respondents and therefore, the

         writ petitioner is entitled to be paid a sum of Rs. 5 Lakhs by

         way of ex gratia amount and since Rs. 25,000/- was earlier paid

         to the writ petitioner, therefore, a direction was made to the

         District Magistrate, West Champaran at Bettiah to pay the

         balance amount of Rs. 4,75,000/- (Rupees Four Lakh Seventy-

         Five Thousand Only) to the writ petitioner.

                      15. We find no perversity or error in the impugned

         order and thus in the limited scope of interference in the intra-

         court appeal, which is in the nature of corrective jurisdiction and

         rarely used to correct errors and if the Hon’ble Single Judge’s

         order is found to be perverse, illegal, irrational or contrary to the

         settled law, we are of the view that the Letters Patent Appeal

         filed by the State challenging the impugned order is devoid of

         merits and accordingly, stands dismissed.

                      16. It is stated by the learned counsel for the

         respondent/writ petitioner that in spite of the impugned order

         passed by the learned Single Judge, the balance amount of Rs.

         4,75,000/- (Rupees Four Lakh Seventy-Five Thousand Only)

         has not yet been paid by the District Magistrate, West
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                      Champaran at Bettiah to the writ petitioner within the prescribed

                      period even though no stay order has been passed in this Letters

                      Patent Appeal.

                                   In view of such submissions, the District Magistrate,

                      West Champaran at Bettiah is hereby directed to disburse the

                      balance amount of Rs. 4,75,000/- (Rupees Four Lakh Seventy-

                      Five Thousand Only) to the writ petitioner within a period of

                      four weeks from today positively.

                                   We make it clear that this particular amount is to paid

                      as interim compensation amount and it is open to the writ

                      petitioner to seek appropriate remedy in accordance with law for

                      claiming higher compensation.

                                   17. Interlocutory Application(s), if any, shall also

                      stand disposed of.



                                                           (Sangam Kumar Sahoo, CJ)


                                                                  (Harish Kumar, J)

shailendra/-
AFR/NAFR                AFR
CAV DATE                NA
Uploading Date          30.04.2026
Transmission Date       NA


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