SATYA NARAIN MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application the order passed by the Motor Vehicle Inspector, Darbhanga dated 11-11-1986 as contained in Annexure'6' to the writ application and the order dated 11-5-1987, passed by the District Magistrate, Darbhanga as contained in Annexure '8' to the writ application are under challenge.

(2.) By reason of the aforementioned order, the said authorities refused to grant a certificate of fitness in respect of a Bus bearing Registration No. BRG-6579 allegedly belonging to the petitioner.

(3.) Mr. B. N. Singh, the learned counsel appearing on behalf of the petitioner has raised two fold contentions, firstly he submitted that the impugned orders could not have been passed for the reason of non-depositing of Road Tax and Additional Taxes payable under the provisions of Bihar and Orissa Motor Vehicles Taxation Act, 1930. The learned counsel secondly submitted that in any event as the Bus in question was under repair and was not put in use on the road for a long time, the authorities concerned were bound to take into consideration with effect the broad fact, and ought to have granted exemption to the petitioner for payment of Road Tax or part thereof for non-plying of the said vehicles.