Karan Kumar Jha vs The State Of Bihar
2023 Latest Caselaw 5374 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.14494 of 2023
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Karan Kumar Jha S/o Bhagwat Narayan Jha, Resident of Village- H. No- a 29, Mohammadpur, R.K. Puram Sector- 5, Part- 2, Police Station- Vasant Vi- har, District- South West Delhi.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Registration, Excise and Prohibition Department Bihar, Patna.

2. The Excise Commissioner, Bihar Prohibition and Excise Act 2016, Saran, Bihar.

3. The Excise Officer, Bihar Prohibition and Excise Act 2016, Saran, Bihar.

4. The District Collector, District- Saran, Bihar.

5. The Superintendent of Police, District- Saran, Bihar.

6. The Officer in Charge of Revelganj Police Station, District- Saran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jay Ram Prasad, Advocate For the Respondent/s : Mr. Kumar Manish ( Sc 5 ) Ms. Shama Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 17-10-2023

Heard learned counsels for the respective parties.

2. In the instant writ petition, petitioner has prayed for

the following relief/reliefs:

"For issuance of appropriate

writ/writs, direction/directions, order/orders

directing the respondents to release the four

wheelers Vehicle Safari bearing registration Patna High Court CWJC No.14494 of 2023 dt.17-10-2023

No.-HR-27G-6934, Chassis No. -

MAT617025FNN07484, Engine Number -

VARICOR06NUYJ15238 which is seized in

connection with Revelganj P.S. Case No.

302/2022 dated 23.08.2022, registered offence

Under Sections 30 (a) of Bihar Prohibition and

Excise Act."

3. The aforementioned relief is not supported by demand

like representation or application in the prescribed form under

Rule 12 - A of the Bihar Prohibition and Excise Rules, 2023 (here-

inafter referred to as 'Rules, 2023'). In the absence of such de-

mand or application before the competent authority, the present

writ petition is not maintainable.

4. Accordingly, the present writ petition stands disposed

of as not maintainable.

5. Disposal of the present writ petition would not be a

hurdle for the petitioner to file an application under Rule 12 - A of

the Rules, 2023 within a period of four weeks from today. If such

an application is filed, the concerned authority is hereby directed

to examine the same and decide within a reasonable period of

time.

6. The concerned authority is also hereby directed to

take note of pendency of the confiscation proceedings and if the Patna High Court CWJC No.14494 of 2023 dt.17-10-2023

confiscation proceedings has not been concluded as on today, the

grievance of the petitioner shall be considered insofar as releasing

of the vehicle under Rule 12 - A of the Rules, 2023.

(P. B. Bajanthri, J)

( Arun Kumar Jha, J)

GAURAV S./-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          19.10.2023
Transmission Date       NA