IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11974 of 2009 SUSHIL KUMAR MITRUKA, SON OF NEM CHANDRA MITRUKA, RESIDENT OF 42 M.G. ROAD, KHALPARA, SILLIGURI, DISTRICT-DARJEELING (W.B.) ………….PETITIONER. VERSUS 1. THE STATE OF BIHAR. 2. STATE TRANSPORT AUTHORITY, BIHAR, PATNA THROUGH ITS SECRETARY. 3. THE STATE TRANSPORT COMMISSIONER, TRANSPORT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4. THE JOINT STATE TRANSPORT COMMISSIONER, TRANSPORT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. ……RESPONDENTS. ----------- 4 01.12.2010 Heard the parties. Petitioner was operating an inter state bus service under permit granted by the West Bengal Authorities and countersigned by the State Transport Authority, Bihar. Through Annexure-2 the petitioner has filed a representation before the Secretary, Transport Department, Government of Bihar, Bailey Road, Bihar, Patna on 02-09-2008 praying for refund of road tax for the period 27.03.2003 to 26.06.2004 on various grounds. The submission advanced on behalf of the petitioner is to direct the concerned authority to dispose of petitioner’s representation by taking a final decision in respect of his prayer for refund of road tax in accordance with law. Learned counsel for the State has submitted that the proper taxing authority for Inter State road permits is the 2 Joint State Transport Commissioner respondent no.4 and hence petitioner may be given liberty to file a fresh representation in respect of his aforesaid claim before respondent no.4 and in case petitioner files representation along with copy of this order the same may be directed to be disposed of within a reasonable time. Learned counsel for the petitioner has no objection to the submission advanced on behalf of the State. Accordingly, the writ petition is disposed of with liberty to the petitioner to file a fresh representation in respect of his claim before respondent no.4, the Joint Transport Commissioner, Government of Bihar, Patna, who shall consider the claim of the petitioner in accordance with law and take a final decision expeditiously preferably within one month from the date of filing of the representation along with a copy of this order. In case the petitioner appears personally or through an advocate and undertakes to appear on the dates fixed by the respondent no.4, in that event respondent no.4 may decide the claim after giving an opportunity to the petitioner or his counsel to support the claim made in the petition. PN (Shiva Kirti Singh, J.) (Dr. Ravi Ranjan,J.)