← Library
Patna High CourtCWJC/13843/2025disposed

K.P. Automotive v. The State Of Bihar

2025-12-16Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13843 of 2025 ====================================================== K.P. Automotive A Proprietorship Firm, Through its Proprietor, Mr. Pankaj Kumar Das, S/o Sri Suresh Chandra Das, Having its office at Amarpur, P.S. Amarpur, District Banka, Bihar - 813101.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Transport, Government of Bihar, Patna.

2.

The Transport Commissioner, Bhagalpur, Government of Bihar, Patna. 3.

The District Transport Officer, Banka, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhirendra Kumar For the Respondent/s :

Mr.Standing Counsel 21 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-12-2025

1. Heard the parties.

2. Petitioner is an agency running in the name and style of K.P. Automotive having its office at Amarpur, District- Banka and is engaged in deposit of road tax of the vehicles purchased from the car dealership. License has been issued in the name of the petitioner by the District Transport Officer, Banka for the said business.

3. According to the petitioner while depositing the road tax on-line, due to technical glitch, a sum of Rs. 1,89,129/- on different dates was credited in the account of the Transport Department but the "e-Vahan" Portal of the Transport Department was not displaying the payment of the aforesaid

Patna High Court CWJC No.13843 of 2025(2) dt.16-12-2025 2/3 amount. The excess amount was however debited from the petitioner's account.

4. Learned counsel for the petitioner submits that respondent no. 3 / District Transport Officer, Banka vide his letter no. 895 / Pari dated 02.09.2020 has written to the Deputy Secretary, Transport Department, Bihar requesting for refund of the excess amount. The petitioner has filed several representation which has been marked as Annexure- P/4 Series & P/5.

5. Learned counsel for the State submits that in the light of Annexures - P/3 issued by the District Transport Officer, Banka the petitioner may be directed to file a fresh representation before the respondent no. 2 for redressal of his grievance.

6. Having heard learned counsel for the parties and taking into consideration the nature of prayer made in the writ application and the letter at Annexure- P/3 of the District Transport Officer, Banka, this writ application is disposed with liberty to the petitioner to file a fresh representation before the respondent no. 2- Transport Commissioner, Bhagalpur for refund of the excess amount within a period of fifteen days from today. If such a representation is filed before the Transport Commissioner, Bhagalpur (respondent no. 2), he shall consider

Patna High Court CWJC No.13843 of 2025(2) dt.16-12-2025 3/3 the same and decide the representation within a period of two months by a speaking and reasoned order after giving opportunity of hearing to the petitioner. If upon disposal of the representation, the amount in question is found payable to the petitioner, the same shall be paid within a period of one month from the date of disposal of representation.

(Anil Kumar Sinha, J) praful/- U