IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12439 of 2008 RAJESH KUMAR SINGH SON OF BABAN SINGH, AT MIRGANJ, ARA, P.S.ARA TOWN, DISTT-BHOJPUR (ARRA)………………...PETITIONER Versus 1. THE STATE OF BIHAR THRU SECRETARY TRANSPORT, NIRMAN BHAWAN, BAILY ROAD, PATNA. 2. THE TRANSPORT COMMISSIONER, GOVT. OF BIHAR, NIRMAN BHAWAN, BAILY ROAD, PATNA. 3. DISTRICT TRANSPORT OFFICER, BHOJPUR AT ARA…………………………………………………………RESPONDENTS ----------- For petitioner:- Mr. Badri Naryan Singh, Advocate Mr. Sanjay Kumar Pandey, Advocate For State:- Ms.Nilu Agrawal, G.A.10 Mr. Ritesh Kumar, Advocate, A.C. to G.A.10. ----------- 03/ 20-Sep-2010 Heard learned counsel for the petitioner and learned counsel for the State. 2. Learned counsel for the petitioner has made out a simple case of arbitrary denial of tax token by the District Transport Officer, Bhojpur at Ara in respect of the petitioner’s bus bearing Registration No. BR-3P-3785. According to learned counsel for the petitioner tax token was issued till 24th March 2006 but thereafter provision of penalty has been wrongly applied and on account of arbitrary inclusion of penalty in the tax the petitioner has been denied tax token. 3. Learned counsel for the State submits that the bus of the petitioner is a large size bus having 205 inch wheel-base and therefore it is not covered by certain orders of this Court which related to vehicles of lesser wheel-base 2 (mini-buses). Neither there is any impugned order before us nor is there any representation containing all the relevant details. 4. Because the issues will involve determination of facts as well or clear mentioning of facts, it is deemed proper to remit the matter back to the District Transport Officer, Bhojpur at Ara. 5. If the petitioner makes a detailed representation along with a copy of this order within a reasonable time of two or three weeks, in that event, his representation must be considered by the D.T.O, Bhojpur at Ara and disposed of in accordance with law without any delay and in any case within three months from the date of filing of the representation. 6. In case, the decision of the D.T.O, Bhojpur is against the petitioner he would be at liberty to challenged the same and pursue his remedy in accordance with law. 7. The writ petitioner is disposed of. perwez ( Shiva Kirti Singh, J.) (Hemant Kumar Srivastava, J.)