IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14377 of 2008 SANJAY KUMAR THAKUR Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner: Mr. N.K. Agrawal, Senior Advocate Mr. Jai Kumar, Advocate For the Respondents : Mr. Ashok Kumar Dubey, J.C. to AAG IX --------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ---------- Dated, the 22nd September, 2008. The counsel for the petitioner prays for withdrawal of this writ petition with liberty to the petitioner to seek redressal of his grievance before the State government pointing out the anomalies in the rate of additional tax between the owner of motor vehicles having 205” wheel base and those of between 114”-167” wheel base during the period 16th July, 2002 to 17th April, 2006 resulting from enactment of Bihar Motor Vehicles Taxation (Amendment) Act, 2002 (Bihar Act 6 of 2003). The counsel for the petitioner prays for further liberty to make a prayer before the State Government to provide the benefits as given by notifications nos. 2518 and 2520 dated 1st July, 2004 with retrospective effect as also for waiver of the penalty in case it is held that the petitioner is liable to pay the additional tax. 2. We, accordingly, dispose of this writ petition by the 2 following order:- (i) Writ petition is allowed to be withdrawn with liberty as prayed provided representation is made to the State Government within six weeks from today. (ii) The State Government shall consider the grievances of the petitioner as early as possible and preferably within six months from the date of representation. (iii) Until the decision on the representation is taken, the petitioner may pay road tax at the rate of Rs. 267/- per seat per quarter without any penalty for the period between 16th July, 2002 and 17th April, 2006. (iv) Upon payment of tax and the additional tax, as aforesaid, tax token shall be issued to the petitioner. R.M. Lodha, CJ. Kishore K. Mandal, J. Anil/