Babudatt vs The State Of Bihar
2023 Latest Caselaw 4831 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                Civil Writ Jurisdiction Case No.13128 of 2023
     ======================================================

Babudatt Son of Sri Harkesh, Resident of village- Rampur Bangr, P.O.- Mathia Sri- ram, P.S.- Tarya Sujan District- Kushinagar, Uttar Pradesh-274409.

... ... Petitioner/s Versus

1. The State of Bihar Through the Principal Secretary, Department of Excise, Govern-

ment of Bihar, Patna

2. The District Magistrate, Gopalganj.

3. The Superintendent of Police, Gopalganj.

4. The Station House Officer, Kuchaikote Police Station, District- Gopalganj.

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

For the Petitioner/s : Mr. Upendra Yadav, Advocate For the Respondent/s : Mr. Vikash Kumar, SC 11

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 22-09-2023

Heard learned counsels for the respective parties.

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

the following relief/reliefs:

"A) To issue a writ in the nature of man-

damus directing/commanding the Respondents to re-

lease without number Hero MotoCorp Splendor+ Mo-

torcycle having Engine No. HA11EVPHA34847, Chasis

No.- MBLHAW112PHA74867 in favour of Petitioner

which has been seized in connection with Kuchaikote Patna High Court CWJC No.13128 of 2023 dt.22-09-2023

P.S. Case No. 124/2023 registered under Section 30(a)

of Bihar Prohibition and Excise Act, 2018.

B) Any other relief/s, which this Hon'ble

Court may deem fit and proper in the facts and circum-

stances may also be granted."

3. The present writ petition is not maintainable for

issuance of writ of mandamus or direction to the concerned

authority in the absence of demand like representation or applica-

tion before the competent authority which is empowered to exer-

cise statutory duty in considering the petitioner's grievance. There-

fore, 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 submit a detailed application/represen-

tation in the prescribed form before the competent authority in the

light of Rule 12 A of Bihar Prohibition and Excise Rules, 2021. If

such application is submitted, the concerned authority is hereby di-

rected to take note of and decide the petitioner's application/repre-

sentation within a period of two weeks from the date of receipt of

such application/representation, such consideration is subject to

confiscation of proceedings, if any. In other words, petitioner's Patna High Court CWJC No.13128 of 2023 dt.22-09-2023

right is protected to pursue confiscation proceedings, in accor-

dance with law.

(P. B. Bajanthri, J)

( Arun Kumar Jha, J) GAURAV S./-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          26.09.2023
Transmission Date       NA