IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15703 of 2010 PANKAJ KUMAR . Versus THE STATE OF BIHAR & ORS . ----------- 02. 30.11.2010 Heard learned counsel for the petitioner and learned counsel for the State. In the nature of the order to be passed this Court does not consider it necessary to call for a counter affidavit at this stage as the interest of the respondents is sought to be adequately protected in the present order. The grievance is that a public notice was published on 12.3.2010 for settlement of the Manihari bus stand in the Nagar Panchayat, District-Katihar. In pursuance of such settlement granted to respondent no.4, directions have been issued on 31.3.2010 fixing a toll of Rs. 6/- against Tractors operating for commercial purposes and entering the town. It is submitted that the Tractors do not enter the bus stand and therefore the question of collection of toll from them under a settlement made with regard to a bus stand does not arise. Prima facie learned counsel for the petitioner appears to be correct. If the Tractor is entering in the town for commercial purpose and does not use the bus stand, the question of the settlee of the bus stand 2 recovering any toll from him under the settlement does not arise. Conversely, if the Tractor entering the town, uses the bus stand or enters the bus stand, obviously he will be liable to pay the toll tax with regard to the bus stand. Let the Executive Officer Nagar Panchayat, Manihari examine issues and pass appropriate reasoned and speaking order within a maximum period four weeks from the date of receipt/production of a copy of this order before him. Needless to state that any collection made by the settlee under the present settlement shall have to abide by the order to be passed by the Executive Officer and the liability for refund from those that the toll may have been recovered, if the Executive Officer so holds, shall lie with the Executive Officer himself and not from the settlee. The application stands disposed. P.K. ( Navin Sinha, J.)