Patna High Court
Anup Kumar Yadav vs The State Of Bihar on 1 December, 2023
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15632 of 2023
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Anup Kumar Yadav Son of Sunil Kumar Yadav, resident of Bhathwa
Pashuram, P.S.-Kuchaykot, District-Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Excise and Prohibition
Department, Bihar, Patna.
2. The Principal Secretary, Department of Excise and Prohibition, Government
of Bihar, Patna.
3. The District Magistrate, Gopalganj.
4. The Superintendent of Police, Gopalganj.
5. The Station Head Officer, P.s.-Phulwariya, District-Gopalganj.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Nagendra Prasad Yadav No.1, Advocate
For the Respondent/s : Mr. Vivek Prasad, GP 7
Mr. Sanjay Kumar, AC to GP 7
Ms. Roona, AC to GP 7
Ms. Supragya, AC to GP 7
Mrs. Manisha Singh, AC to GP 7
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 01-12-2023
Heard learned counsels for the respective parties.
2. There is delay of about 16 days in re-filing while
removing the office defects, such delay of 16 days stands
condoned.
3. In the instant writ petition, petitioner has prayed for
the following relief/reliefs:
Patna High Court CWJC No.15632 of 2023 dt.01-12-2023
"That the instant application is
being filed for issuance of appropriate
writ(s) thereby commanding and directing
the respondent to release the petitioner's
Truck (Goods Carrier) bearing Registration
No. UP54T-2636, Engine No.
K426UY319049, Chassis No.
MAT448022ESN13506 which has been
seized in connection with Phulwariya P.S.
Case No. 92/2023 dated 15.03.2023
registered u/s 30(a)/41(i) of Bihar Excise
Act, 2018 pending in the court of Additional
Sessions Judge-II-cum-Special Judge,
Phulwariya Excise Court - I, Gopalganj as
the petitioner is the registered owner of the
said seized vehicle and/or grant any other
relief(s) for which the petitioner is entitled
to in the facts and circumstances of the
present case."
4. The present writ petition is not maintainable for
issuance of writ of mandamus or direction to the concerned
authority in the absence of demand like representation or
application before the competent authority who is empowered to
exercise statutory duty in considering the petitioner's grievance.
Therefore, writ petition is not maintainable.
5. Accordingly, the present writ petition stands disposed
of as not maintainable.
6. Disposal of the present writ petition would not be a
hurdle for the petitioner to submit a detailed
Patna High Court CWJC No.15632 of 2023 dt.01-12-2023
application/representation in the prescribed form before the
competent authority in the light of Rule 12 A and sub-Rule 2 of
Rule 12 A of (Amended) Rules, 2023. If such
application/representation is submitted, the concerned authority is
hereby directed to take note of and decide the petitioner's
application/representation within a period of two weeks from the
date of receipt of such application/representation. Such
consideration is subject to confiscation of proceedings, if any. In
other words, petitioner's right is protected to pursue confiscation
proceedings, in accordance with law.
(P. B. Bajanthri, J)
( Ramesh Chand Malviya, J)
GAURAV S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 05.12.2023
Transmission Date NA
