IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1213 of 2009 SITARAM YADAV son of Sri Lakhan Yadav, resident of village- Nehaluchak, Post- Nawada, P.S.Nawada,District-Nawada. Versus 1. THE STATE OF BIHAR 2. The Collector, Nawada 3. The Deputy Development Commissioner-cum-Chief Executive Officer, District Board,Nawada. 4. The Chairman, District Board,Naweada. 5. The Executive Engineer,Road Construction Division,Nawada. 6. The Sub-divisional Officer,Nawada. ----------- 2 28.1.2009 Petitioner states that he had in a settlement of Bus and Taxi Stand no.3 at Nawada, which is approachable to a toll bridge. He had taken the settlement for the period upto 30.3.2009 on assured payment of Rs. 1453500/-. He has still now deposited Rs. 12,11,250/- leaving a balance of Rs. 2,42,250/-. He has sought remission from the District Board on the ground that with effect from 25.5.2008 as per order of the Executive Engineer, Road Construction Department,Nawada plying of heavy vehicles like Buses,Mini Buses,Tata Maxi,Jeep,Tractor and Tempo have been prohibited on the said bridge by construction of barrier ends thereof .He says that the toll to be realized from Buss,Min Buses,Tata Maxi,Jeep,Tractor and Tempo. If the State authority prohibited movement of some of these vehicles, then the petitioner had to get proportionate remission in the matter and cannot force to pay the whole amount irrespective of the said fact on the threat of cancellation of settlement itself. In my view, there is no point in keeping the writ petition pending. 2 After hearing the parties and with their consent this application is being disposed of at this stage with a direction to the District Board,Nawada to consider the facts aforesaid and pass an appropriate order in this regard without canceling the settlement in favour of the petitioner for non payment of outstanding. On adjudication if the authority finds that any amount is still payable by the petitioner, the authority would pass a speaking order and communicate it to the petitioner, who would have such remedy as may be advisable against the said order. This disposes of the writ petition. SINGH (Navaniti Pd. Singh, J.)