IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17417 of 2009 1.UPENDRA PRASAD SON OF SRI YOGESHWAR PRASAD RESIDENT OF VILLAGE BELDARIBIGHA,P.S.EKANGARSAAI, DISTRICT NALANDA -------- PETITIONER Versus 1.THE STATE OF BIHAR 2.DISTRICT TRANSPORT OFFICER PATNA BISCOMAUN BHAWAN, WEST GANDHI MAIDAN, PATNA 3.ENFORCEMENT SUB-INSPECTOR, TRANSPORT DEPARTMENT, BIHAR, PATNA 4.OFFICER INCHARGE,NAKA NO.1,JEHANABAD POLICE STATION ------ RESPONDENTS ------ For the petitioner : Mr.Shiv Pujan Singh,Advocate For the respondent : Mr.J.P.Karn, AAG 9 ------ 02/ 14.12.2009 Heard learned counsel for the parties. Learned counsel for the petitioner has drawn our attention to an order dated 30th April,2009 in which a Division Bench of this Court, relying upon another Division Bench order in a group of writ petitions being C.W.J.C.No. 16260 of 2007 (Ram Pravesh Singh .Vs.The State of Bihar and others) and other cases passed on 4th March, 2008, disposed of all the writ petitions by indicating the rate at which the road tax shall be paid i.e. at the rate of Rs.267/- per seat per quarter without any penalty for the period between 16.7.2002 and 17.4.2006. According to learned counsel for the petitioner, on account of similar dispute, the petitioner could not obtain tax token 2 after 2002 although he has paid some money even till 24th February, 2003 for his Mini Bus bearing No. BR-1A/5691. Learned counsel for the petitioner has prayed that this Court should order for interim release of the vehicle in favour of the petitioner till the petitioner is able to satisfy the District Transport Officer, Patna in respect of papers relating to vehicle such as, R.C.Book, tax token, fitness etc. Considering the reasons assigned for seizure of the vehicle, we are of the view that the petitioner should first approach the District Transport Officer, Patna (respondent no.2) and should produce the relevant papers. It is made clear that if the petitioner wants to obtain tax token and if he is entitled to any relief in view of order of this Court in the case of Ram Pravesh Singh.Vs.The State of Bihar and others, the same should be made available to the petitioner so that he may deposit the dues accordingly and obtain tax token. It is expected that upon petitioner’s paying the lawful dues and producing relevant papers, his claim for release of the vehicle 3 shall be disposed of expeditiously preferably within two months of payment of dues of road tax. The writ petition thus stands disposed of. ( Shiva Kirti Singh, ACJ.) Tahir/- ( Shyam Kishore Sharma, J.)