IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9680 of 2008 NARENDRA PD. RAI Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : Mr. Sanjay Kumar Pandey, Advocate For the Respondents : Mrs. Nilu Agrawal, Government Advocate X ------------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ---------- Dated, the 22nd July, 2008. After having heard counsel for the petitioner and the Government counsel, we are satisfied that the following order shall meet the ends of justice: - (i) The petitioner shall make a representation to the District Transport Officer, Bhojpur at Ara 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, Bhojpur at Ara 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 - 2 - 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, Bhojpur at Ara 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. 2. The writ petition is disposed of accordingly. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-