IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6086 of 2008 NARENDRA PD.RAI Versus THE STATE OF BIHAR & ORS ----------- For the petitioner : Mr. Badri Narayan Singh, Advocate Mr. Sanjay Kumar Pandey, Advocate For the respondents : Mrs. Nilu Agrawal, Government Advocate-X Mrs. Nirmala Kumari, Junior Counsel to Government Advocate-X ------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------ Dated, the 14th August, 2008 The counsel for the petitioner and the Government counsel are ad idem that the writ petition may be disposed of by the following order: (i) The petitioner shall make a representation to the District Transport Officer, Bhojpur, Ara, for issuance of Token under Section 11 of the Bihar Motor vehicle Taxation Act, 1994, with regard to the grievance concerning tax/ dues under Section 7 of the said Act. (ii) If the representation is made within three weeks from today, we direct the District Transport Officer, Bhojpur, Ara, to consider the said representation and after hearing the petitioner, issue Token in prescribed form, if the petitioner is found to have paid tax/dues as per law, - 2 - within four weeks from the date of receipt of the representation. (iii) In case, in the opinion of the District Transport Officer, the representation filed by the petitioner does not deserve to be accepted and it is found that the petitioner is not entitled to issuance of Token for deficient payment of tax or any other dues, the District Transport Officer shall pass reasoned order and furnish a copy thereof to the petitioner within four weeks from the date of receipt of the representation. (iv) If the Token is not issued by the District Transport Officer, Bhojpur, Ara, 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. (v) Until the decision is taken by the District transport Officer, Bhojpur, Ara, and for a period of four weeks thereafter, if such order is adverse to the petitioner, no coercive process for recovery of tax shall be taken against the petitioner. 2. Writ petition is disposed of in the aforesaid terms. R. M. Lodha, CJ Kishore K. Mandal, J. Sunil