High Court Patna High Court - Orders

Dr.Iftekhar Ahmad vs The State Of Bihar & Ors on 16 August, 2011

Patna High Court – Orders
Dr.Iftekhar Ahmad vs The State Of Bihar & Ors on 16 August, 2011
                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.3814 of 2007
                  ======================================================
                  Dr.Iftekhar Ahmad, son of Late Abul Hassan, Resident of Village
                  Chhatwan, P.S. Keoti, District Darbhanga.
                                                                            .... ....   Petitioner
                                                      Versus
                  1. The State of Bihar.
                  2. Commissioner and Secretary, Transport Department, Government of
                     Bihar, Patna.
                  3. Deputy Transport Commissioner-cum-Secretary, Darbhanga Regional
                     Transport Authority, Darbhanga.
                  4. District Transport Officer, Darbhanga.
                                                                          .... .... Respondents
                  ======================================================
                  Appearance :
                  For the Petitioner       :       Mr. Badri Narain Singh, Advocate with
                                                   Mr. Randhir Kumar Singh, Advocate
                                                   Mr. Sanjay Kumar Pandey, Advocate
                  For the Respondents          :   Mr. Zaki Haider, A.C. to GA-10
                  ======================================================
                  CORAM: HONOURABLE THE CHIEF JUSTICE
                             and
                             HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
                  ORAL ORDER

(Per: HONOURABLE THE CHIEF JUSTICE)

5. 16-08-2011 The Petition involves question of payment of motor
vehicle tax for the period since 16th July 2002. It is the claim of the
petitioner that his vehicle was seized on 6th October 2004.
Petitioner is, therefore, liable to pay motor vehicle tax from 16th
July 2002 to 6th October 2004.

The matter at issue is squarely covered by the order
of a Division Bench of this Court in the matter of Ram Pravesh
2 Patna High Court CWJC No.3814 of 2007 (5) dt.16-08-2011

2/2

Singh v. State of Bihar, [2008 (3) PLJR 415] and the Government
communication No.5205 dated 28th October 2009.

We, therefore, direct that the petitioner will make
appropriate representation to the respondent no.2, Commissioner
and Secretary, Transport Department, Government of Bihar for
release of the vehicle in view of the above referred order in the
matter of Ram Pravesh Singh v. State of Bihar and the
Government communication dated 28th October 2009. If such a
representation is made, the respondent no.2 will consider and
decide the same within six weeks from the date of receipt of
representation.

Subject to above direction, Petition is disposed of.

(R.M. Doshit, CJ)

(Birendra Prasad Verma, J)
Pawan/-