IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18950 of 2008 JITENDRA KUMAR,SON OF LALA BIHARI PRASAD SINHA,ATKUMHARAR, P.S.SULTANGANJ TOWN,DISTRICT- PATNA. Versus 1. THE STATE OF BIHAR THROUGH SECRETARY TRANSPORT, NIRMAN BHAWAN, BAILY ROAD, PATNA 2. TRANSPOST COMMISSIONER,GOVT. OF BIHAR, NIRMAN BHAWAN, BAILY ROAD, PATNA 3. DISTRICT TRANSPORT OFFICER, PATNA. with CWJC No.18977 of 2008 RAJESH KUMAR SON OF BISHWANASTH PRASAD, ATKUMHARAR,P.S.SULTANGANJ TOWN,DISTRICT-PATNA. Versus 1. THE STATE OF BIHAR THROUGH SECRETARY TRANSPORT, NIRMAN BHAWAN, BAILY ROAD, PATNA 2. TRANSPOST COMMISSIONER,GOVT. OF BIHAR, NIRMAN BHAWAN, BAILY ROAD, PATNA 3. DISTRICT TRANSPORT OFFICER, PATNA. with CWJC No.19034 of 2008 BALBHADRA OJHA, SON OF LATE DEODHARI OJHA, R/OVILLAGE NIMEJ,P..BRAHMPUR,DISTRICT-BUXAR-- PETITIONERS Versus 1. THE STATE OF BIHAR 2. TRANSPOST COMMISSIONER,PATNA 3. DISTRICT TRANSPORT OFFICER, BUXAR. ----------- For petitioners in CWJC No.18950/2008 CWJC No.18977/2008 : Mr.Sanjay Kumar Pandey For petitioner in CWJC No.19034/2008 : Mr. Damodar Prasad Tiwary For State in : Mr.Ashok Kumar Dubey C.W.J.C.No.18950/2008 Mrs.Neelu Agrawal,GA-X with & CWJC No.18977/2008 Ms. Nirmala Kumari, JC to G.A.X. ---- 2. 16.1.2009. Having heard counsel for the petitioners with the consent of the other 2 side, these writ applications are being disposed off in the following terms: (i) The petitioner shall make a representation to the District Transport Officer, Patna for issuance of Token under Section 11 of the Bihar Motor Vehicle Taxation Act, 1994, for the tax already paid by him under Section 7 of the said Act. (ii) The District Transport Officer, Patna is directed to consider the said representation and after hearing the petitioner, issue Token in prescribed form for the tax paid by the petitioner, immediately. In case, in the opinion of the District Transport Officer, petitioner is not entitled to issuance of Token, for tax being deficient or not for the trips undertaken by the petitioner, the District Transport Officer shall pass reasoned order and furnish a copy thereof to the petitioner, (iii) If the Token is not issued by the District Transport Officer, Patna to the petitioner for the reasons recorded in the order, it would be open to the petitioner to challenge the same in appropriate proceeding in accordance with law, (iv) Until the decision is taken by the District Transport Officer, no coercive process for recovery of tax shall be taken against the petitioner. ahk (C. K. Prasad, ACJ) (Dr. Ravi Ranjan)