- (1.) This writ petition has been preferred with the following prayers:-- "(a) For, issuance of an appropriate writ(s)/order(s)/and/or direction(s) upon the respondents especially respondent No. 7 to investigate the theft of the commercial motor tax, done by the transporters for the vehicle engaged in the office of the Jharkhand State Electricity Board, contrary to their own terms & conditions i.e. in place of commercial vehicle private vehicle has been engaged. (b) For, issuance an appropriate writ(s)/order(s)/and/or direction(s) upon the respondents to assess the extent of the theft of the tax and realize the same from the persons involved. (c) For, issuance of further writ(s)/order(s)/direction(s) as Your Lordships may deem fit and proper for doing conscionable justice to the petitioner." It is submitted for the petitioner that the respondents-Electricity Board is engaging private vehicles for commercial purposes and, thus, there is violation of Section 74(2) of the Motor Vehicles Act, 1988. Counsel for the respondents-Electricity Board submitted that a detailed counter affidavit has been filed and by annexing Annexure-C of the counter affidavit, they have given the list of vehicles hired by the respondents-Electricity Board which are vehicles (commercial) and it is stated in the counter affidavit that they are paying tax in accordance with law.
(2.) Having heard both sides and looking to the counter affidavit filed by the respondents-Board, especially looking to paragraph-4 of the counter affidavit filed by the Jharkhand Urja Vikas Nigam Limited and also looking to Annexure-C of this counter affidavit, it appears that the respondents-Board has engaged vehicles (commercial) for running at Nigam Headquarters, Dhurwa, Ranchi and they are paying tax in accordance with law. Hence, we see no reason to continue with this Public Interest Litigation. The same is accordingly disposed of.;