Patna High Court
Deepranjan Tiwari @ Dipranjan Tiwari vs The State Of Bihar on 8 January, 2024
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17903 of 2023
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Deepranjan Tiwari @ Dipranjan Tiwari, Son of Late Hari Mohan Tiwari,
Resident of Village- Binod Khareya, P.S.- Gopalpur, District- Gopalganj.
... ... Petitioner.
Versus
1. The State of Bihar through the Principal Secretary, Excise Department,
Govt. of Bihar, Patna.
2. The District Magistrate -Cum-Collector, Gopalganj.
3. The Superintendent of Police, Gopalganj.
4. The Police Inspector Kuchaikote Police Station, District Gopalganj.
5. The Excise Commissioner, Gopalganj.
6. The Investigating Officer of Kuchaikote P.S. Case No.- 331/2023, District
Gopalganj.
... ... Respondents.
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Appearance :
For the Petitioner : Mr. Pankaj Kumar Dubey, Advocate.
For the State : Mr. Raghwendra Kumar (SC-22)
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 08-01-2024
In the instant writ petition, the petitioner has prayed
for the following relief(s):
"(i) A writ in the nature of mandamus or any
other appropriate writ, order/orders,
direction/directions to commanding the
respondent to release, Pulsar Motorcycle
bearing Registration No.BR-28Z-2919,
Chassis No.MD2B72BX9MCD23197,
Engine No.JEXCMD70251 in favour of
Patna High Court CWJC No.17903 of 2023 dt.08-01-2024
the petitioner which has been seized
earlier in connection with Kuchaikote
P.S. Case No.331/23 registered for the
offence under section 30(a) Bihar
Prohibition and Excise Amendment Act
2018, forthwith.
(ii) To any other relief/reliefs for which
petitioner is found entitled to."
2. The alleged offence is stated to have been
committed on 29.06.2023 and as on today, the confiscation
proceedings have not attained finality. That apart, the petitioner
has not approached the concerned authority in seeking release of
the subject matter of the motor vehicle bearing Registration
No.BR-28Z-2919 (Pulsar Motorcycle). The petitioner has
remedy of submission of application under Rule 12A of the
Bihar Prohibition and Excise Rules, 2021 read with amended
sub Rule 2 of Rule 12A in the year 2022 and 2023. Before
invoking the aforementioned provisions and approaching the
concerned authority, the petitioner has rushed to this Court. Be
that as it may, even there is no representation. For seeking writ
of mandamus, there must be a demand before the competent
authority. At the same time, duty is cast on the concerned public
authority. The first ingredient of demand before the competent
authority is not forthcoming.
Patna High Court CWJC No.17903 of 2023 dt.08-01-2024
3. Accordingly, the present writ petition is pre-
mature and it stands disposed of as not maintainable.
4. Disposal of the present writ petition would not be
a hurdle for the petitioner to invoke remedy under Rule 12A of
Bihar Prohibition and Excise Rules, 2021 including amended
provisions in the year 2022 and 2023. If such application is
submitted before the competent authority in the prescribed form,
the concerned authority is hereby directed to consider the
petitioner's grievance within a period of two weeks from the
date of receipt of such application.
5. With the above observations, the present writ
petition stands disposed of.
(P. B. Bajanthri, J)
( Ramesh Chand Malviya, J)
P.S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 10.01.2024.
Transmission Date NA
