CIVIL WRIT JURISDICTION CASE No.4089 OF 1995 ------------ In the matter of an application under Articles 226 and 227 of the Constitution of India. ------------ Bina Singh, wife of Sri R.R. Dwarj Singh, at Esakh Chack Bhagalpur, P.S. Esakh Chack, District- Bhagalpur. ----------- Petitioner. Versus 1. The State of Bihar 2. State Transport Commissioner, Bihar Patna Technical Building, Baily Road, Patna. 3. Joint State Transport Commissioner, Government of Bihar, Patna, Technical Building Baily Road, Patna. 4. District Transport Officer, Bhagalpur. 5. Enforcement Officer, Bhagalpur. 6. Officer In-charge, Purab Sarai, Police Station-Munger ----- Respondents. ------------- For the Petitioner: Mr. Shiopujan Singh,Advocate. For the Respondents: Mr.Satyabir Bharti, A.C. to AAG-III. --------------------- P R E S E N T THE HON'BLE MR. JUSTICE SUDHIR KUMAR KATRIAR THE HON'BLE MR. JUSTICE BIRENDRA PRASAD VERMA --------------- S.K.Katriar,J. This writ petition has been preferred by the petitioner for a direction to the respondent authorities to release his bus bearing registration no. B.E.J.-82. 2. We have perused the materials on record and considered the submissions of learned counsel for the parties. The petitioner owns the bus in question, and was the holder of transport permit to ply the same for commercial purposes from Bhagalpur to Munger. He did not pay road taxes from 1.4.1992 to 30.6.1993, as a result of which the bus was seized on 20.11.1994. He has preferred this writ 2 petition for a direction to release the bus. The writ petition was admitted by order dated 21.12.1995. Relevant portion of the order whereby interim relief was granted to the petitioner is extracted hereinbelow: xxx xxx xxx xxx xxx xxx “ In the meantime, I direct that petitioner’s vehicle be released and provisional token be issued to the petitioner for plying the vehicle bearing no. BEJ 82 provided the petitioner deposits the entire amount of tax payable from 1.10.93 to 20.11.94 without penalty, as well as the current tax.” xxx xxx xxx xxx xxx xxx 3. The petitioner has not cared to state on affidavit whether or not he complied with the interim order, paid taxes as ordered, and whether or not the vehicle in question has been released. It is further relevant to state that all the affidavits on record were sworn up to 21.12.1995. It appears from the counter affidavit that the petitioner had filed an application for exemption from payment of taxes on the ground that the vehicle needed heavy repairs, was not repaired because of paucity of funds, and was therefore off the road. The application was rejected by order dated 27.7.1995 (Annexure-D), passed by the learned Joint State Transport Commissioner, Bihar, Patna, wherein it has, inter alia, been stated that there is material before him to show that the vehicle was off the road. On the contrary, the date on which the bus was seized was found full of passengers and 3 was moving on the road. The learned first authority has, therefore, held that there is no basis at all to allow the application for exemption from payment of taxes. 4. It appears to us that the materials placed on record by the petitioner do not make out a case for exemption from payment of taxes within the meaning of Section 9A of the Bihar and Orrisa Motor Vehicles Taxation Act, 1930, and Section 17 of the Bihar Motor Vehicles Taxation Act, 1994, read with Rule 15 under the Act. In other words, the petitioner’s application falls short of the legal requirements. We, therefore, entirely agree with the order of the learned Joint State Transport Commissioner, Bihar, Patna. 5. In the result, there is no merit in this writ petition. It is accordingly dismissed. In the facts and circumstances of the case, there shall be no order as to costs. B.P. Verma, J.I agree. High Court Patna, Dated 1st September,2010 Vinay/NA.F.R. ( S. K. Katriar,J. ) (Birendra Prasad Verma, J.)