IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13686 of 2009 1. BIRENDRA SINGH S/O LATE SHIVDANI SINGH, RESIDENT OF VILLAGE- DHAKHINGAWO, P.S- WAZIRGANJ, DISTT- GAYA-------petitioner Versus 1. THE STATE OF BIHAR 2. THE TRANSPORT COMMISSIONER SECRETARIATE PATNA 3. THE DISTRICT TRANSPORT OFFICER DISTT-NAWADA 4. THE OFFICER-IN-CHARGE BUNDEL KHAND P.S- NAWADA-----respondents ----------- 2 03-11-2009 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner claims to be owner of a mini bus bearing registration no.BR-27-6399. From annexure-6 it has been shown that petitioner had preferred CWJC no. 14048/2008 which was disposed of on 16-9-2008 in view of prayer made on behalf of the petitioner for withdrawal with certain liberty. That order entitled the petitioner to file a representation in respect of anomalies in the rate of additional tax between the owners of motor vehicles having 205” wheel base and those between 114”-116” wheel base during the period 16th July, 2002 to 17th April, 2006 and other incidental reliefs. Besides granting liberty to file representation this court observed that till the decision on the representation is taken within six months from the date of that order, as per interim order dated 31-1-2008 the petitioner shall pay road tax at the rate of 267/- per seat per quarter without any penalty for the period between 16.7.2002 and 17.4.2006. On payment of tax and additional tax, as aforesaid, tax token was to be issued to the petitioner. From annexure-7 it has been shown that through a representation dated 16-12-2008 the petitioner has approached the 2 District Transport Officer, Nawada and has informed him that his mini bus has been seized and kept in Bundelkhand police station, Nawada since 8-6-2007 and has not been released till date. Besides drawing attention of the Transport Officer to the order of this court dated 16-9-2008 (annexure-6) a prayer has been made for exemption of road tax for the said mini bus for the period 8-6-2007 to 16-12-08 on the ground that petitioner is a poor person. On behalf of the petitioner it has been submitted that by virtue of order contained in annexure-6 and his representation contained in annexure-7, the Transport Officer, Nawada should have exempted road tax for the period prayed for and should have issued tax token in the light of order of this court as contained in annexure-6. We are of the view that the order contained in annexure-6 does not in any way relate to petitioner’s prayer for exemption of road tax for the period 8-6-07 to 16-12-08 nor for release of his vehicle seized and kept in the police station. To seek relief relating to those matters the petitioner has to approach the appropriate authorities and satisfy them for passing appropriate orders for release of the vehicle and it is for the concerned authorities to consider in accordance with law whether petitioner has been able to produce relevant materials to make out a case for exemption of road tax for any period or not. It appears that the main grievance is that the District 3 Transport Officer, Nawada is not passing any orders on the representation of the petitioner contained in annexure-7. In the facts of the case, we direct the District Transport Officer, Nawada to pass appropriate order and communicate the same to the petitioner at an early date, preferably within four weeks from the date of communication/production of a copy of this order. This writ petition is disposed of. BKS/- (Shiva Kirti Singh, ACJ.) (Shyam Kishore Sharma, J.)