Amit Kumar vs The State Of Bihar
2023 Latest Caselaw 4836 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.12231 of 2023
     ======================================================

Amit Kumar S/o Om Prakash Singh, R/o C-1840, Ground floor, Palam Vihar, Gurgaon, Haryana-122001.

... ... 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, Samastipur.

4. The S.I. Cum- S.H.O. Rosara.

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

For the Petitioner/s : Mr. Noushad Khan, 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:

"(i) For issuance of an appropriate writ commanding and directing the respondents to release the seized MARUTI MOTOR CAR - NT, Model VITARA BREZZA-VDI, Variant-

MARUTI VITARA BREZZA VDI (1248CC) body type RIGID (PASSENGER CAR) (color) CERULEAN BLUE Patna High Court CWJC No.12231 of 2023 dt.22-09-2023

DIESEL, bearing Regd. No. HR-87-A- 0871, Engine No. D13A-5581686, Chassis No. VA3NYFB1SJA337897 in connection with Rosera P.S. Case No. 252/2023, dated 06.04.2023, instituted for the offences under sections 272, 273, 420, 467, 468, 471 read with 34 Indian Penal Code and Section 30(a) Bihar Prohibition and Excise Amendment Act, 2018.

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

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

application before the competent authority which is empowered to

exercise statutory duty in considering the petitioner's grievance.

Therefore, 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/representation in the prescribed form before the Patna High Court CWJC No.12231 of 2023 dt.22-09-2023

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 directed to take note of and decide

the petitioner's application/representation 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 right is protected to pursue

confiscating proceedings, in accordance with law.

(P. B. Bajanthri, J)

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

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Uploading Date          26.09.2023
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