Sarita Devi vs The State Of Bihar
2024 Latest Caselaw 5365 Patna

Patna High Court

Sarita Devi vs The State Of Bihar on 12 August, 2024

Author: P. B. Bajanthri

Bench: P. B. Bajanthri, Alok Kumar Pandey

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.11634 of 2024
     ======================================================
     Sarita Devi W/o Ramashish Yadav, R/o Village- Jay Nagar, Basadhi Police
     Station- Mohanpur, Bodh Gaya District- Gaya, Bihar.

                                                                   ... ... Petitioner/s
                                        Versus
1.   The State of Bihar through its Secretary, Excise Patna
2.   The District Magistrate, Gaya
3.   The Superintendent of Police, Gaya
4.   The Asstt. Commissioner Excise, Police Gaya
5.   The Police Inspector Barachatti, Gaya

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :        Mr.Sunil Kumar Yadav
     For the Respondent/s   :        Mr.Hitesh Suman Ac to SC 13
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
             and
             HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
     ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 12-08-2024 In the instant petition, petitioner has prayed for the

following reliefs:-

To direct the respondent no. 2 to release vehicle Hero Splendor Pro Motor cycle Registration No. BR-02- Y-8369 in the favour of petitioner which was seized in Barachatti P.S. Case No. 57/2024 dated 23.01.2024 which was instituted under Section 30(a) Bihar Prohibition and Excise Act, 2018.

(ii) Any other order or orders which found fit and proper for the end of Justice.

2. In support of aforementioned relief, there is no demand

before the competent authority in particularly under Rule 12 A Patna High Court CWJC No.11634 of 2024 dt.12-08-2024

of the Bihar Prohibition and Excise Rules, 2021 read with

amended sub Rule 2 of Rule 12 A in the year 2022 and 2023.

3. In the absence of demand before the competent authority,

the present writ petition for writ of mandamus is not

maintainable or it is pre-mature. Accordingly, the present

petition stands disposed of as pre-mature.

4. Disposal of the present petition would not be a hurdle for

the petitioner to invoke remedy under Rule 12 A of Bihar

Prohibition and Excise Rules, 2021 including amended

provisions in the year 2022 and 2023. If such application is

submitted in the prescribed form before the competent authority,

the competent authority shall pass speaking order within a

period of two weeks from the date of receipt of such application.

5. With the above observation, the present petition stands

disposed of.

(P. B. Bajanthri, J)

( Alok Kumar Pandey, J) vashudha/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          20.08.2024
Transmission Date       NA