IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10215 of 2008 BIRENDRA KUMAR SINGH Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : Mr. Shiv Pujan Singh For the Respondents: Mrs. Nilu Agrawal, G.A. X ------------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------------ Dated, the 18th July, 2008. Counsel for the petitioner submits that the petitioner desires to withdraw this writ petition with liberty to the petitioner to seek redressal of his grievances before the State Government pointing out the anomalies in the rate of additional tax between the owners of motor vehicles having 205” wheel base and those between 114” – 167” wheel base during the period 16th July, 2002 to 17th April, 2006. He submits that the controversy raised in the present writ petition is identical to that of controversy raised in the case of Rajiv Kumar Vs. The State of Bihar and others (C.W.J.C. No. 6267 of 2008 decided on 23.4.2008). 2. Order dated 23.4.2008 passed in the case of Rajiv Kumar reads thus : “A number of writ petitions seeking to challenge the same thing as has been challenged in this writ petition came up for consideration before a Division Bench of this Court on 4th March, 2008 when in view of the consensus arrived at between the petitioners, the learned counsel for the petitioners in those writ petitions sought liberty to withdraw the writ petitions on the terms as have been recorded in the order of the Division Bench dated 4th March, 2008 passed in the said writ petitions (C.W.J.C. No. - 2 - 16260 of 2007 and analogous cases). The learned counsel appearing in support of the present writ petition seeks leave to withdraw the present writ petition on similar terms and conditions. The prayer is allowed and, accordingly, petitioner is permitted to withdraw the writ petition with liberty to seek redressal of his grievances before the State Government pointing out the anomalies in the rate of additional tax between the owners of motor vehicles having 205” wheel base and those between 114” – 167” wheel base during the period 16th July, 2002 to 17th April, 2006 resulting from enactment of Bihar Motor Vehicles Taxation (Amendment) Act, 2002 (Bihar Act 6 of 2003). Further liberty sought for is and granted to pray before the State Government to provide the benefits as given by Notifications No. 2518 and 2520 dated 1.7.2004 with retrospective effect as also for waiver of the penalty in case it is held that the petitioner is liable to pay additional tax. Needless to state that in case such prayer is made to the State Government within six weeks, it shall consider the same in accordance with law within six months from today. Till the decision on the representation is taken, petitioner shall pay road tax at the rate of Rs.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 shall be issued to the petitioner. The writ application is permitted to be withdrawn with liberty as above.” 3. As indicated in the order dated 23.4.2008, the petitioner here is also allowed to withdraw this writ petition with liberty as prayed. Needless to say that until the decision on the representation is taken, the petitioner shall pay road tax at the rate of Rs.267/- per seat per quarter without any penalty for the period between 16.7.2002 and 17.4.2006. R. M. Lodha, CJ Kishore K. Mandal, J AMIN/-