Patna High CourtCWJC/1988/2012disposal with observation

Pawan Kumar Ram v. The State Of Bihar And ORS

2015-01-21Mr. Justice Vikash Jain,Mr. Justice Ramesh Kumar Datta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1988 of 2012 ====================================================== Pawan Kumar Ram S/O Shri Jagannath Ram R/O Village- Sant Nagar, Police Station- Lalmania (Out Post), District- Madhubani .... .... Petitioner/s

Versus

1. The State of Bihar

2. District Magistrate, Darbhanga

3. The District Transport Officer, Darbhanga

4. The Motor Vehicle Inspector, Darbhanga .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Md. Irshad, Advocate For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA and HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 21-01-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks quashing of the order dated 24.11.2011 passed in Demand Case No. 161/2011-12 by the District Transport Officer, Darbhanga by which the petitioner has been asked to pay road taxes amounting to Rs.80,352/-. At the outset learned counsel for the State raises a preliminary objection that the writ application is not maintainable as there is a provision for appeal and revision under the provisions of Bihar Motor Vehicles Taxation Act against any such order. Learned counsel for the petitioner is unable to satisfy this Court as to why the petitioner will not first exhaust his statutory remedy.

Patna High Court CWJC No.1988 of 2012 (4) dt.21-01-2015 In the aforesaid view of the matter, the writ application is dismissed on the ground of availability of alternative statutory remedy. It is however, directed that in case the petitioner files an appeal within a period of four weeks from today before the statutory appellate authority along with an application for condonation of delay in filing the same, then the appellate authority shall consider the same keeping in view the fact that the petitioner has been pursuing his remedy before this Court. (Ramesh Kumar Datta, J) (Vikash Jain, J) Chandran/Md.Ibrarul U