IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10334 of 2009 3 31.8.2009 Mithilesh Kumar Sharma S/o Late Janardan Sharma, resident of village- Pali, Belaganj, PS Belaganj, District Gaya ..... Petitioner VERSUS 1.The State of Bihar 2. State Transport Commissioner, Government of Bihar, Transport Department, Technical Building, Bailey Road, Patna 3.DistrictTransportOfficer,Gaya ....... Respondents -------- Heard the parties. There is no dispute that this matter is similar to matter in CWJC NO.16579 of 2008 which was disposed of by order dated 18th November, 2008 contained in Annexure-3 in terms of an earlier order dated 11th July, 2008 passed in CWJC No.4090 of 2008 (Sanjay Kumar V. The State of Bihar & ors.). Accordingly, we pass similar order in this case also in following terms : “3. We are, thus, satisfied that the following order shall meet the ends of justice: (i) The petitioner shall make a representation to the District Transport Officer, Gaya 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, Gaya is directed to consider the said representation and after hearing the 2 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, Gaya 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. 4. The writ petition is disposed of accordingly.” (Shiva Kirti Singh, J.) (Jyoti Saran, J.) sk