IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9061 of 2008 GANESH PANDEY Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : Mr. Badri Narayan Singh, Adv. Mr. Sanjay Kr. Pandey, Adv. For the Respondents : Mrs. Nilu Agrawal, G.A.10 Mrs. Nirmala Kumari, JC to GA10 ------------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------------ Dated, the 15th July, 2008. Leave to amend granted. 2. Necessary amendment be carried out forthwith. 3. The counsel for the petitioner submits that the controversy raised in the present writ petition is identical to that of controversy raised in C.W.J.C. No. 4090 of 2008 (Sanjay Kumar Vs. The State of Bihar & Ors.), disposed of by us on 11th July, 2008. 3. In the light of the order passed in the case of Sanjay Kumar, we dispose of the present writ petition by the following order: - (i) The petitioner shall make a representation to the District Transport Officer, Bhojpur for issuance of Token under Section 11 of the Bihar Motor Vehicle Taxation Act, 1994, for the tax already - 2 - paid by him under Section 7 of the said Act. (ii) The District Transport Officer, Bhojpur is directed to consider the said representation and after hearing the petitioner, issue Token in prescribed 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, Bhojpur 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. 4. The writ petition is disposed of accordingly. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-