Bhupinder Singh vs The State Of Bihar
2023 Latest Caselaw 5379 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.14190 of 2023
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Bhupinder Singh S/o Raj Singh, R/o Flat No. 10A, DDA Flats, Poket-2, VTC Dwarka Se-6, P.O. Dwarka, Sub-District-Delhi Cantonment, District South West Delhi, State-Delhi, Pin Code-110075.

... ... Petitioner/s Versus

1. The State of Bihar through the Secretary, Excise Department, Govt. of Bihar, Patna.

2. The Principal Secretary, Department of Excise, Govt. of Bihar, Patna.

3. The District Magistrate, Darbhanga.

4. The S.H.O. Bishanpur Police Station, Darbhanga.

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

For the Petitioner/s : Mr. Noushad Khan, Advocate For the Respondent/s : Mr. Vivek Prasad, GP 7 Ms. Supragya AC to GP 7 Ms. Roona AC to GP 7 Mr. Sanjay Kumar, AC to GP 7 Ms. Manisha Singh, AC to GP 7 ====================================================== 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:

"(i) For issuance of an appropriate writ commanding and directing the respondents to release the seized TATA MOTORS/NEXON/ XT PLUS/ SUV, 1198.00 CC, COLOUR- CALGARY WHITE, FUEL TYPE - PETROL, bearing Regd.

No. DL09-CAS-5482, Engine No. Patna High Court CWJC No.14190 of 2023 dt.17-10-2023

REVTRN03KPYK82695, Chassis No. MAT627268KLK41139 in connection with Bishan- pur P.S. Case No. 14/2023, dated 02.03.2023, insti- tuted for the offences under sections 30 (a) Bihar Prohibition and Excise Amendment Act, 2018.

(ii) For issuance of any other relief/re- liefs as your lordship may deem fit and proper which the petitioners may find entitled with the facts and the circumstances of the present case in the favour of the petitioner above named."

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.14190 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