Patna High Court
Savita Devi 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.17957 of 2023
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Savita Devi, Wife of Late Bhagwat Singh, Resident of Mohalla-Kumhrar,
Panchayat Bhawan, P.S.-Agamkuan, District-Patna, State-Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Department of Excise,
Government of Bihar, Patna.
2. The District Magistrate, District-Patna.
3. The Superintendent of Police, District-Patna.
4. The Officer-In-Charge of Excise Police Station, District-Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ankit Raj, Advocate
For the Respondent/s : Mr. S.Raza Ahmad, AAG-5
Mr. Alok Ranjan, AC to AAG-5
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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) For issuance of appropriate Writ, order
or direction in the nature of mandamus
thereby directing the respondents to
release the house in question i.e. one
B.H.K flat situated at ground floor of the
pucca house of the petitioner which is
situated at Mohalla-I.O.C., Colony, P.S.
Agamkuan, District-Patna (hereinafter
Patna High Court CWJC No.17957 of 2023 dt.08-01-2024
the "said house") which is seized in
connection with Excise P.S. Case No.
1066 of 2023 instituted under Section
30A, 56B of Bihar Prohibition and
Excise Act, 2016.
(II) For grant of such other order or
direction for which the petitioner is
found entitled in the facts and
circumstances of the case."
2. The alleged offence is stated to have been
committed on 30.06.2023 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 said house. The petitioner has remedy
of submission of application under Rule 12B of the Bihar
Prohibition and Excise Rules, 2021 read with amended sub Rule
2 of Rule 12B 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, due is cast on the concerned public
authority. The first ingredient of demand before the competent
authority is not forthcoming.
Patna High Court CWJC No.17957 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 12B 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)
manish/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 10.01.2024
Transmission Date NA
