IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4183 of 2009 GANGA SAGAR S/o Late Dharmdeo Singh R/o village Pipara, PS Mairwa, Distt. Siwan Versus 1. THE STATE OF BIHAR through Secretary Transport Visheshwaraiya Bhawan, Bailey Road, Patna 2. The Member, Board of Revenue, Bihar, Patna 3. State Transport Commissioner Bihar, Patna, Visheshwaraiya Bhawan, Patna 4. District Transport Officer, Siwan 5. Joint State Transport Commissioner, Bihar, Patna ----------- 3 31-07-2009 Heard the parties. Each case must be decided on its own facts. In the present case it is clear that petitioner’s truck was seized by the competent Enforcement Officer, the District Transport Officer, Siwan because it did not have documents showing payment of required road tax and additional tax for plying that truck on the road. Learned counsel for the petitioner has fairly submitted that earlier the writ petitioner had moved this court against the order of the Member, Board of Revenue who had finally rejected petitioner’s prayer for exemption of tax in respect of said vehicle with effect from 15-3-2005. This court also rejected petitioner’s claim for exemption vide order dated 25-9-2008 contained in annexure-1. Before us learned counsel for the petitioner has urged that since the vehicle was seized vide annexure-2 on 14-12-06 therefore at least from that date onwards petitioner is not liable for payment of the road tax or additional tax and for the earlier period petitioner is willing to pay lawful dues of the road tax and 2 additional tax provided he is given some accommodation by way of installments. The prayer for release of the vehicle can be considered by the District Transport Officer, Siwan within the provisions of the Act and Rules. In case the rule permits then the District Transport Officer may consider petitioner’s prayer for payment of the lawful arrears of road tax and additional tax in installments. It will for the District Transport Officer to insist on substantial amount by way of first installment to test bonafide of petitioner’s claim that he intends to pay arrears. For the balance amount sufficient sureties may be obtained from the petitioner so that in case of default in payment of remaining installments the District Transport Officer may take action for release of the balance amount. With this observation, this writ petition is disposed of. BKS/- (Shiva Kirti Singh, ACJ.) (Anjana Prakash, J.)