Ramdev Thakur vs The State Of Bihar
2024 Latest Caselaw 151 Patna

Patna High Court

Ramdev Thakur 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.14 of 2024
     ======================================================
     Ramdev Thakur S/o Bagad Thakur, R/o Madhubani P.S. Sangrampur, District
     - Motihari, East Champaran.
                                                               ... ... Petitioner/s
                                        Versus
1.    The State of Bihar Through, Secretary Department of Excise, Bihar Patna.
2.   The District Magistrate, Gopalganj.
3.   The Superintendent of Police, Gopalganj.
4.   The S.H.O. Excise P.S., District Gopalganj.
                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :        Mr. Deepankar Raj, Advocate
     For the Respondent/s   :        Mr. Standing Counsel 4
     ======================================================
     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 namely Hero Super-Splendor bearing Registration No. BR05AC8098, Chassis No. MBLJAR03XJ9G16479, Engine No. JA05EGJ9G36892 in favour of the petitioner which has been seized earlier in connection with Yadopur P.S. Case No. 222/23 registered for the offence Patna High Court CWJC No.14 of 2024 dt.08-01-2024

under section 30(a) Bihar Prohibition and Excise Amendment Act Amendment Act 2022.

(ii) For directing and commanding the respondent authorities to release the Motorcycle namely Hero Super-

Splendor in the favour of the petitioner on the ground that the petitioner is the owner of the said Motorcycle and same is lying under open sky in the police station as nobody is there to take care of the motorcycle.

2. The alleged offence is stated to have been

committed on 13.09.2023 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- BR05AC8098 (Hero Super-Splendor). 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 Patna High Court CWJC No.14 of 2024 dt.08-01-2024

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

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