IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12986 of 2008 BAL KRISHNA OJHA Versus THE STATE OF BIHAR & ORS ----------- For the petitioner : Mr.Ashok Kumar Jha, Advocate Mr. D.N.Jha, Advocate For the respondents : Mr. Ashok Kumar Dubey, Junior Counsel to Additional Advocate General - IX ------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice C.K. Prasad ------- Dated, the Ist September, 2008 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, Buxar 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, Buxar is directed to consider the said representation and - 2 - 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, Buxar 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. (v) We observe that the District Transport Officer, Buxar shall also look into the representation made by the petitioner on 29th November, 2006, (Annexure-6 and Annexure-7 annexed to the - 3 - writ petition) in accordance with law and pass an appropriate order as early as possible and communicate the same to the petitioner. 2. The writ petition is disposed of accordingly. R.M. Lodha, CJ C.K. Prasad, J. Sunil