Gagandeep Singh vs The State Of Bihar
2023 Latest Caselaw 5386 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.13938 of 2023
     ======================================================

Gagandeep Singh, Son of Rawel Singh, Resident of - H.No. 612, St. No. 3, Tripuri Town, Patiala, P.S. Tripuri Town Patiala, District Patiala (Punjab).

... ... Petitioner.

Versus

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

2. The Commissioner Excise Department, Gopalganj.

3. The District Magistrate, Gopalganj.

4. The Sub Divisional Magistrate, Gopalganj.

5. The Station House officer, Kuchaikote Police Station, Gopalganj.

... ... Respondents.

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

For the Petitioner : Mr .Saurabh Kumar, 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):

i) For issuance of appropriate writ (s) order(s) or direction (s) in the nature of mandamus commanding and directing the respondents authorities to release the vehicle (Motorcycle) Registration No.PB11CN8566, Chasis No.MEC0784CCJP028110, which was seized in connection with Kuchaikote P.S. Case Patna High Court CWJC No.13938 of 2023 dt.17-10-2023

No.375 of 2022 in Bihar Excise and Prohibition Act, 2016.

ii) For issuance of the any other relief or reliefs which deem fit and proper under the facts and circumstances of the case.

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

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 Patna High Court CWJC No.13938 of 2023 dt.17-10-2023

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