Vashith Kurmi @ Vashith Patel vs The State Of Bihar
2023 Latest Caselaw 5384 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.13987 of 2023
     ======================================================

Vashith Kurmi @ Vashith Patel son of Shankar Kurmi, Resident of Vill- Mahuawan, P.S.-Kateya, District-Gopalganj.

... ... Petitioner.

Versus

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

2. The District Magistrate, Gopalganj.

3. The Superintendent of Police, Gopalganj.

4. The Officer-in-Charge, Kateya Police Station, District-Gopalganj.

... ... Respondents.

====================================================== Appearance :

For the Petitioner : Mr. Dhramveer, Advocate. For the State : Mr. Vivek Prasad (GP-7).

Ms. Supragya, AC to GP-7.

Ms. Roona, AC to GP-7.

Ms. Manisha Singh, AC to GP-7.

Mr. Sanjay Kumar, 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

In the instant writ petition, the petitioner has

prayed for the following relief(s):

"For direction upon the Respondents to release the seized Motorcycle Bajaj Pulsar 125 C.C., Reg. No.UP57BM-1413, Chasis No.MD2B68BX2PPB05945, Engine No.DHXPPB 78883, which is seized in connection with Kateya P.S. Case No.343/23, dt. 26.07.2023 u/s 30(a) of the Bihar Prohibition & Excise Act, 2018."

2. The aforementioned relief is not supported by

demand like a representation or application in the prescribed

form under Rule 12-A of the Bihar Prohibition and Excise Patna High Court CWJC No.13987 of 2023 dt.17-10-2023

Rules 2023. In the absence of such demand or application

before the competent authority, the present writ petition is not

maintainable.

3. Accordingly, the present writ petition stands

disposed of as not maintainable.

4. Disposal of the present writ petition would not

be a hurdle for the petitioner to file an application under Rule

12-A of the Bihar Prohibition and Excise 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 time. The concerned

authority is also hereby directed to take note of pendency of the

confiscation proceeding and if the confiscation proceeding 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 Bihar Prohibition and Excise Rules 2023.

(P. B. Bajanthri, J)

( Arun Kumar Jha, J)

P.S./-

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