Mohan Sahni vs The State Of Bihar
2024 Latest Caselaw 149 Patna

Patna High Court

Mohan Sahni 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.18435 of 2023
     ======================================================
     Mohan Sahni Son of Rajendra Sahni Resident of Village-Mahamadpur Sura,
     P.S.-Gaighat, District-Muzaffarpur.

                                                               ... ... Petitioner/s
                                        Versus
1.   The State of Bihar through the Secretary Excise Department.
2.   The District Magistrate, Muzaffarpur.
3.   The S.H.O. of Piar Police Station, District-Muzafarpur.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :        Mr. Nachiketa Jha, Advcoate
     For the Respondent/s   :        Mr. Government Pleader 26
     ======================================================
     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, Motorcycle (Hero Delux) bearing Registration No. BR06DC8472 of petitioner in his favour which has been seized by Piar Police Station in Piar P.S. Case No.151/2023 dated 27.07.2023, registered for the offence under section 30(a) Bihar Prohibition and Excise Amendment Act Patna High Court CWJC No.18435 of 2023 dt.08-01-2024

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 27.07.2023 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.

BR06DC8472 (Hero Delux). 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.

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 Patna High Court CWJC No.18435 of 2023 dt.08-01-2024

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) Mayank/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          10.01.2024
Transmission Date       NA