LAWS(PAT)-2008-3-46

MITHILESH KUMAR PANDEY Vs. STATE OF BIHAR

Decided On March 20, 2008
MITHILESH KUMAR PANDEY Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) A number of writ petitions seeking to challenge the same thing as has been challenged in this writ petition came up for consideration before a Division Bench of this Court on 4th March, 2008* when in view of the consensus arrived at between the petitioners, the learned counsel for the petitioners in those writ petitions sought liberty to withdraw the writ petitions on the terms as have been recorded in the order of the Division Bench dated 4th March, 2008* passed in the said writ petitions (CWJC No. 16260 of 2007 and analogous cases).

(2.) THE learned counsel appearing in support of the present writ petition seeks leave to withdraw the present writ petition on similar terms and conditions. The prayer is allowed and, accordingly, petitioner is permitted to withdraw the writ petition with liberty to seek redressal of his grievances before the State Government pointing out the anomalies in the rate of additional tax between the owners of motor vehicles having 205" wheel base and those between 114" -167" wheel base during the period 16th July, 2002 to 17th April, 2006 resulting from enactment of Bihar Motor Vehicles Taxation (Amendment) Act, 2002 (Bihar Act 6 of 2003). Further liberty sought for is and granted to pray before the State Government to provide the benefits as given by Notifications No. 2518. and 2520 dated 1.7.2004 with retrospective effect as also for waiver of the penalty in case it is held that the petitioner is liable to pay additional tax.

(3.) NEEDLESS to state that in case such prayer is made to the State Government within six weeks, it shall consider the same in accordance with law within six months from today.