IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.9426 of 2008
SMT.SUNITA KUMARI
Versus
THE STATE OF BIHAR & ORS
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For the petitioner : Mr. Sanjay Kr. Pandey
For the respondents : Mr. J.P.Karn, AAG 9
—
PRESENT
Hon’ble the Chief Justice
And
Hon’ble Mr. Justice Barin Ghosh
—
Dated, the 11th July, 2008
The counsel for the petitioner prays for withdrawal of
this writ petition with liberty to the petitioner to approach the State
Government for redressal of the grievance, particularly, with
regard to the anomalies in the rate of additional tax between the
owners of motor vehicles having 205″ wheel base and those
between 114″ -167″ wheel base during the period 16th July, 2002 to
17th April, 2006 and other incidental reliefs.
2. Our attention has been invited to the order passed by this
court in group of writ petitions being CWJC. No. 16260 of 2007;
Ram Pravesh Singh vs. The State of Bihar & Ors., and other cases
passed on 4th March, 2008. The said order reads thus:
“After we have heard the matter for some time, Mr. Ram
Balak Mahto, senior advocate, Mr. Badri Narayan Singh,
Mr. Uma Kant Shukla and other counsels representing the
petitioners seek permission to withdraw the writ
applications with liberty to the petitioners to seek redressal
of their grievances before the State Government pointing
2out the anomalies in the rate of additional tax between the
owners of the motor vehicles having 205″ wheel base and
those of between 114″ – 167″ wheel base during the period
16th July, 2002 to 17th April, 2006 resulting from
enactment of Bihar Motor Vehicles Taxation
(Amendment) Act, 2002 (Bihar Act 6 of 2003). Further
liberty sought for is to pray before the State Government
to provide the benefits as given by notifications No.2518
and 2520 dated 1.7.2004 with retrospective effect as also
for waiver of the penalty in case it is held that they are
liable to pay the additional tax.
Needless to state that in case such prayers are made to the
State Government within six weeks, it shall consider the
same in accordance with law within six months from today.
Till the decision on the representations is taken,
petitioners, as directed by the interim order dated
31.1.2008, shall pay road tax at the rate of Rs.267/- per
seat per quarter without any penalty for the period between
16.7.2002 and 17.4.2006.
On payment of tax and additional tax, as aforesaid, tax
token shall be issued to the petitioners.
All the writ applications are permitted to be withdrawn
with liberty aforesaid.”
3. For the self-same reasons as afore noticed, this writ
petition is allowed to be withdrawn with liberty as prayed.
4. Needless to say that until the decision on the
representation, the petitioner shall pay road tax at the rate of
Rs. 267/- per seat per quarter without any penalty for the period
between 16.7.2002 and 17.4.2006.
5. We order accordingly.
R.M. Lodha, CJ.
Barin Ghosh, J.
Neyaz/
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