Vishwanath Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22519 of 2014 ====================================================== Vishwanath Prasad S/O Late Dina Nath Ram Keshari Resident of VillageKamamapur, P.S.- Shahpur, Dist.- Bhojpur (Ara). .... .... Petitioner/s

Versus

1. The State of Bihar

2. Principal Secreatary cum State Transport Commissioner Govt. of Bihar, Patna, Vishweshwariya Bhawan, Bailey Road, Patna.

3. District Transport Officer, Bhojpur, Ara.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shiopujan Singh Mr. Mukesh Kumar For the State : Mr. Ashok Kr. Pathak, AC to GP XI ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 09-04-2015 Learned counsel for the petitioner is permitted to add the Officer on Special Duty, Transport Department, Bihar, Patna as party respondent no. 4 to the writ application in the course of the day.

Heard learned counsel for the petitioner and learned counsel for the State.

In the counter affidavit filed on behalf of the District Transport Officer, Bhojpur, Ara it is stated that the District Transport Officer, Bhojpur, Ara had earlier by his letter dated 5.5.2014 sent his recommendation to the State Transport Commissioner for refund of the amount of Rs. 61,400/- to the

Patna High Court CWJC No.22519 of 2014 (3) dt.09-04-2015 2/2 petitioner which has been paid excess in connection with road tax and additional tax by the petitioner for the period from 17.7.2002 to 16.4.2006 with regard to his Mini Bus bearing registration No. BR-3A/6311. Thereafter the District Transport Officer was directed to verify and authenticate the calculation chart which after due verification was done and again a letter dated 25.1.2015 has been sent to the competent authority for refund of tax of Rs. 61,400/-. It is submitted that it is for the Officer on Special Duty, Transport Department, Bihar to take further steps in the matter.

In the aforesaid circumstances, the writ application is disposed of with a direction to the respondent nos. 2 and 4 to consider and dispose of the claim of the petitioner including refund of the payable amount on the basis of the report made by the District Transport Officer, Bhojpur, Ara within a period of two months from the date of receipt/production of a copy of this order and in case any part of the claim of the petitioner is rejected, the same must be done by a speaking order.

(Ramesh Kumar Datta, J) (Anjana Mishra, J) S.Pandey/- U