AJAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner has made an ambitious prayer in this writ petition. THE complaint is that Respondent Nos. 3 and 4 should not realise the penalty against the Bus No. BEA-5328. It is stated that the Respondent No. 4 assessed the dues against the said bus of the petitioner for the period 1-10-1990 to 31-12-1992 amounting to Rs. 69,620 which is stated to be wrong. It is further stated that this was challenged before the Certificate Officer, Patna in Certificate Case No. 1/93-94. THE petitioner denied his liability to pay the amount. His further case is that he will pay the actual dues in instalments and he has so agreed before the authority. THE complaint is that the Certificate Officer or the District Transport Officer are not agreeing to deduct the 50 per cent penalty from the dues, though this Court has held in C.W.J.C. No. 9981/92 that the the penalty is not exigible. THE petitioner has prayed for the issue of writ of mandamus directing Respondent Nos. 3 and 4 not to demand 50 per cent penalty levied against him for non-payment of dues relating to Bus No. BEA-5328.

(2.) WE heard learned Counsel for the petitioner and also learned Counsel for the State.