IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4492 of 1998 1. St. John’s High School through its Chairman Sohan Singh Chauhan, son of late Rai Singh Chauhan, East Boring Canal Road, Patna-1. 2. Sohan Singh Chauhan, son of late Rai Singh Chauhan, Chairman, St. John’s High School, East Boring Canal Road, Patna-1. 3. Smt. Leela Devi, wife of Shri Sohan Singh Chauhan, Vice-Chairman, St. John’s High School, East Boring Canal Road, Patna-1 ----- Petitioners. Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. District Transport Officer, Patna. 3. State Transport Commissioner, Bihar, Government of Bihar, Main Secretariat, Nirman Bhawan, Patna ----- Respondents. ------------ 3. 10.11.2010 Heard Mr. B.K. Sinha for the petitioners, and Mr. Satish Kumar Sinha, learned Assistant Counsel to Additional Advocate General No.4, for the respondents. It appears that petitioner no.1 is a school imparting education to boys and girls. They also ply the vehicles for carriage of students and staff from their residences to the school to and fro. The respondents have not filed any counter affidavit. The State Government issued notification dated 16.7.1994 (Annexure- 1), stating therein that such vehicles meant for movement of students and staff from their residences to school to and fro shall be required to pay tax on concessional basis, namely, it shall be charged notionally with seven seats. It further 2 appears that the authorities refused to comply with Annexure-1 in the case of the petitioner and similarly circumstanced schools, leading to the present writ petition and various other writ petitions. One such writ petition was C.W.J.C. No.11157 of 1997 (R.P.S. Residential Public School & Ors. Vrs. The State of Bihar & Ors.), raising identical grievances which was allowed by a Division Bench of this Court on 20.1.1998 (Annexure-7), and the respondent authorities were directed to give that school the benefit of the aforesaid notification marked Annexure-1. The present writ petition stands on just the same footing. The present writ petition is, therefore, disposed of with the direction that the vehicles owned or used by the petitioner-school for transportation of students and staff from their places of stay to the school to and fro, shall be notionally taxed with seating capacity of seven persons. In the result, this writ petition is allowed. Vinay/ ( S. K. Katriar,J. ) (Birendra Prasad Verma, J.)