- (1.) SEEKING a direction upon the respondents to dispose of the representation for exemption of road tax with respect to the vehicle being Registration No. BR09H6122, the present writ petition has been filed.
(2.) THE vehicle in question was granted permit for Darbhanga to Ranchi route with effect from 16.05.2012 for a period of 5 years and tax was paid by the petitioner. A First Information Report being Mandu (Kuju) P.S. Case No. 171 of 2012 was registered under section 414 of IPC and under Section 30(II) of Coal Mines Act and under section 33 of Indian Forest Act, on the allegation that illegal coal being transported on the Bhawani bus. The vehicle was seized with coal and a confiscation proceeding was initiated. Vide order dated 09.02.2013 passed in Confiscation Case No. 93 of 2012, the learned court dropped the confiscation proceeding. The said vehicle was released on 18.02.2013. Thereafter, the petitioner submitted application before the District Transport Officerrespondent no. 3 for exempting road tax between the period 01.07.2012 and 18.02.2013 however, no decision has been taken by the respondent no. 3 and therefore, the petitioner has approached this Court.
(3.) HEARD the learned counsel appearing for the parties. The learned counsel for the petitioner submits that though the petitioner is not involved in illegal transportation of coal in any manner whatsoever, his bus was illegally seized by the police. The said bus was released on 18.02.2013 and thereafter, the petitioner submitted an application for exempting road tax during the said period. Referring to Section 19 of the Bihar Motor Vehicle Taxation Act, 1994, the learned counsel submits that since the petitioner has submitted a representation dated 18.03.2013, a direction may be given to the respondents for exemption of road tax in terms of Section 19 of the Act of 1994.;