IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6716 of 2002 SATENDRA PRASAD Versus THE STATE OF BIHAR & ORS ----------- 6 19.11.2009. Heard learned counsel for the parties. The petitioner prays for direction to respondents to release the Truck, being registration no. BR 13A-8109, seized by the Enforcement officer, Transport department, Govt. of Bihar on 14.5.2002 in Barachatti, Gaya presently kept in custody of Barachatti Police Station, photocopy of the seizure list has been annexed as annexure- 1. The petitioner purchased aforesaid 1991 Model truck on hire purchase basis from Financer, namely, Satyanarayan Ramkumar, 4, Jag Mohan Mallick Lane, Calcutta and the truck is hypothecated to Satyanarayan Ramkumar, photo copy of the owner book has been annexed as annexure-2. He has paid tax token of the truck which is valid up to 3.6.2002. Goods carriage permit of the truck was issued by original Transport authority, Hazaribagh region within the Transport department, Government of Bihar on 11.7.2000 vide Permit no. 34 of 2000 and the said permit is valid for 12.7.2000 to 11.7.2005 within the State of Bihar only. He further submits that the fitness certificate of the vehicle in question was also up to date and valid from 1.1.2002 to 31.12.2002, whereas its insurance was also up to date and valid from 26.3.2002 to 25.3.2003. A counter affidavit has been filed by the respondent officials stating therein that vehicle was seized on 14.5.2002 by the - 2 - Enforcement officer, Transport department, Bihar, Patna camp Gaya plying on the road without any valid documents, eg. payment of road tax including additional tax after bifurcation of State on 15.11.2000. As per the petitioner, he has paid road tax up to 3.6.2000. However, no document supporting payment of tax has been annexed with the writ petition. He has paid road tax to the State of Bihar which would be valid up to 3.6.2002 and liability to pay further tax would arise only thereafter. However it has to be verified whether the petitioner has paid due road tax up to 3.6.2002 or not. In this respect, if the petitioner files representation before the Transport Commissioner, Bihar annexing all relevant documents, he would pass appropriate order for release of the vehicle as mentioned above, in case no road tax is legally due up to 3.6.2002. It is expected that the Transport commissioner, Bihar would pass appropriate order within four weeks from the date of filing of the representation. The writ petition stands disposed of with aforesaid directions. Shashi. (Samarendra Pratap Singh,J).