Vinay Kumar @ Vinay Sah @ Vinod Sah vs The State Of Bihar
2023 Latest Caselaw 5376 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.14354 of 2023
     ======================================================

Vinay Kumar @ Vinay Sah @ Vinod Sah Son of Anoop Sah, Resident of Village- Sahebganj, P.S. Sahebganj, District-Muzaffarpur.

... ... Petitioner/s Versus

1. The State of Bihar Through Principal Secretary, Department of Prohibition and Excise, Govt. of Bihar, Patna.

2. The Superintendent of Excise, Gopalganj.

3. The Inspector, Excise, Gopalganj.

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

For the Petitioner/s : Mr. Dhramveer, 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:

"That this Writ application is being filed on behalf of the petitioner in the nature of Writ/Writs, order/orders, Direction/Directions upon the respondents to release the seized vehi- cle Bolero Car baring Reg. No. BR06DE-2502, which is seized in connection with Excise P.S. Case No. 742 of 2023, U/S 30 (a) of the Bihar Prohibition and Excise Act, 2018."

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-

Patna High Court CWJC No.14354 of 2023 dt.17-10-2023

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

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