IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17016 of 2008 Umesh Kumar Singh, son of Ramashray Singh, at Shastri Nagar, Police station – Shastri Nagar, Town and District – Patna ……… Petitioner Versus 1. The State Of Bihar through Secretary, Department of Transport, Nirman Bhawan, Baily Raod, Patna 2. The Transport Commissioner, Govt. of Bihar, Nirman Bhawan, Baily Road, Patna 3. District Transport Officer, Patna ……….. Respondents. ----------- For the Petitioner : Mr. Sanjay Kumar Pandey, Advocate For the Respondent nos. 1 to 3 : Mrs. Nilu Agrawal, G.A. X Mrs. Nirmala Kumari, J.C. to G.A X ----------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ----------- Dated, the 25th November, 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, Patna 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, Patna is directed to consider the said representation and after hearing the petitioner, issue token in prescribed - 2 - 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, Patna 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. 2. The writ petition is disposed of accordingly. R.M. Lodha, CJ Kishore K. Mandal, J. Anil/