- (1.) THE grievance of the petitioner is that in spite of an interim order passed by this Court on 15-9-1993 staying the recovery of pas senger tax on the basis of the Government Notification dated 30-9-1992, the Passenger Tax Officer, Moradabad has passed an ex-pane assessment order against him without giving an opportunity of hearing. In this connection the petitioner has made an application to recall the assessment order on the ground that the same has been passed in violation of natural justice.
(2.) WE have heard learned counsel for the petitioner and learned Stand ing Counsel. In view of the facts and circumstances of the case we disposed of the writ petition with the direction to the Passenger Tax Officer Moradabad to decide the petitioner's application dated 7-10-1994 (Armexuie-7 to the writ petition) by a speaking order m accordance with law within a period of one month from the date a certified copy of this order is produced before him and the order so passed may be communicated to the petitioner within two weeks thereafter. For a period of two month from today or till the application of the petitioner is decided whichever is earlier the respondent is restrained from realising the passenger tax in pursuance of the impugned assessment order The vehicle of the petitioner which has been seized on account of non-payment of passenger tax assessed by the impugned assessment order shall be released forthwith provided the petitioner furnishes adequate security other than cash or bank guarantee to the satisfaction of Passenger Tax Officer, Moradabad. Petition disposed of. .;