Patna High CourtCWJC/2601/2015dismissed

Pankaj Kumar And ANR v. The State Of Bihar And ORS

2015-08-18Mr. Justice Ramesh Kumar Datta,Mr. Justice Sudhir Singh2 pages

Patna High Court CWJC No.2601 of 2015 (4) dt.18-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2601 of 2015 ======================================================

1. Pankaj Kumar Son of Bhagwan Singh r/o Masaurhi, Ps Masaurhi Distt. Patna,.

2. Anil Kumar son of Bishwanath Pandey r/o Satisathan Masaurhi Ps Masaurhi Distt.Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The State Transport Commissioner Govt. of Bihar , Patna Transport Department Bishweshriya Bhawan Bailey Road, Patna. null null

3. District Strict Transport Officer, Patna, Biscoman Bhawan West Gandhi Maidan , Patna.

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

For the Petitioner/s : Mr. Sheopujan Singh Mr. Mukesh Kumar Singh For the Respondent/s : Mr.Pravin Kumar Verma, A.C.to S.C.26. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 18-08-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The writ application has been filed by the petitioners seeking a direction upon the respondents to accept the road tax and additional tax on quarterly basis in connection with the Jeeps owned by the petitioners.

In the counter affidavit filed on behalf of the State, it is stated that on account of certain inadvertent clerical mistake due to amendment made in the Bihar Motor Vehicles Taxation Act by the

Patna High Court CWJC No.2601 of 2015 (4) dt.18-08-2015 Bihar Finance Act, 2014, there was difficulty in realizing the tax on quarterly basis and accordingly, the provision has been reamended by the Bihar Finance Act, 2015, as a result of which the error would stand automatically cured and payment of tax, as claimed by the petitioner, would be payable quarterly. In view of the aforesaid statement made in the counter affidavit, the writ application has become infructuous and it is, accordingly, dismissed as infructuous.

(Ramesh Kumar Datta, J) (Sudhir Singh, J) V.P.Sinha/- U