IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3463 of 2009 ASHOK KUMAR, son of late Shiv Kumar Singh At Boring Canal Road, P.S. Budha Colony, Dist. Patna. …..Petitioner Versus 1.THE STATE OF BIHAR, through Secretary, Deptt. Of Transport 2.The Transport Commissioner, Govt. Of Bihar. 3. District Transport Officer, Patna ..Respondents. ---------- 2 30.3.2009 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, Patna 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, Patna 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 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, Patna 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 - 2 - Officer, no coercive process for recovery of tax shall be taken against the petitioner. No useful purpose will be served by keeping the vehicle seized by the respondents. The District Transport Officer, Patna is directed to release the vehicle having registration No. BHF-305 of the petitioner, if he furnishes a surety bond equivalent to the amount of the vehicle. The writ petition is disposed of accordingly. Rahman/ (J.B. Koshy, CJ) (Dr. Ravi Ranjan, J)