IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11221 of 2009 RAMPRIT SINGH Versus THE STATE OF BIHAR & ORS with CWJC No.11263 of 2009 ANIL KUMAR RAI Versus THE STATE OF BIHAR & ORS with CWJC No.11255 of 2009 SHAILENDRA KUMAR RAI Versus THE STATE OF BIHAR & ORS ----------- 3 16/09/2009 These matters were not on the list and were taken up under the heading ‘To Be Mentioned’ on being mentioned by the learned counsel for the parties. Heard learned counsel appearing for the parties. C.W.J.C. No. 11255 of 2009 and C.W.J.C. No. 11263 of 2009 were disposed of by a common order dated 1.9.2009 along with another writ petition C.W.J.C. No. 11221 of 2009. It now transpires that the question raised in C.W.J.C. No. 11221 of 2009 was different from the question raised in the other two aforesaid writ petitions. Therefore, it is clarified that the order dated 1.9.2009 shall be confined to C.W.J.C. No. 11221 of 2009 only. So far as the other two writ petitions, namely, C.W.J.C. Nos. 11255 of 2009 and 11263 of 2009 are concerned these matters - 2 - are covered by the decision in C.W.J.C. No. 12986 of 2008 disposed of on 1st September, 2008. Following the said decision, these two writ petitions are disposed of with the observation that 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. The District Transport Officer, Buxar 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. 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. Until the decision is taken by the District Transport Officer, no coercive process for recovery of tax shall be taken against the petitioner. We observe that the District Transport Officer, Buxar shall also look into the representations made by the petitioner on 28th December, 2006 in accordance with law and pass an appropriate order as early as possible and communicate the same to the petitioner. - 3 - The order dated 01.09.2009 is modified to the extent indicated above. (P. K. Misra, CJ.) (Anjana Prakash, J.) AMIN