- 1 - IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15158 of 2008 Bharat Pandey son of Late Surya narayan Pandey, resident of Old police line Area, P.S. Ara town, District – Bhojpur, Ara ………………. Petitioner Versus 1. The State Of Bihar 2. State Transport Commissioner, Transport Department, Bihar, Patna Technical Building Bailey Road, Patna 3. District Transport Officer, Ara. ……….. Respondents. ----------- For the Petitioner : Mr. Shivpoojan Singh, Advocate For the Respondents: Mr. J.P. Karn, AAG IX ------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal --------- Dated, the 1st October, 2008. Counsel for the petitioner submits that the controversy raised in the present writ petition is identical to that of controversy raised in C.W.J.C. No.4090 of 2008 (Sanjay Kumar Vs. the State of Bihar and others) disposed of by us on 11th July,2008. He also submits that the present writ petition may also be disposed of in terms of the order dated 11th July,2008 passed in the case of Sanjay kumar. 2. The Government Counsel has no objection to the course suggested by the counsel for the petitioner. 3. We are, thus, satisfied that the following order shall meet the ends of justice: (i) The petitioner shall make a representation to the District - 2 - Transport officer, 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, 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 issuance of taken, 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, 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. 3. Writ petition is disposed of accordingly. R.M. Lodha, CJ. Kishore K. Mandal, J. Anil/