Patna High Court
Ramayan Singh 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.18001 of 2023
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Ramayan Singh, S/o Kamla Singh, R/o Jagaranatha Bairia, P.S.-Uchakagaon,
District-Gopalganj.
... ... 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. Mohammadpur P.S., District Gopalganj.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Deepankar Raj, Advocate
For the Respondent/s : Mr. Irdeshwani Pd, AC to AAG-3
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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 directing and commanding the
respondent authorities to release the
Vehicle namely Mahindra Scorpio
bearing Registration No. BR28P1092,
Engine No. SJJ4H26158 and Chassis
No. MA1TA2SJXJ2J36821 in favour of
the petitioner which has been seized in
connection with Mohammadpur P.S.
Case No. 267/23 registered on
22.11.2023
under Section 30(a),41,48 of
Patna High Court CWJC No.18001 of 2023 dt.08-01-2024
Bihar Prohibition and Excise Act
Amendment Act, 2022.
(ii) For directing and commanding the
respondent authorities to release the
Motorcycle namely Hero 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.
(iii) For issuance of any other relief or
relief(s) for which the petitioner is
entitled for."
2. The alleged offence is stated to have been
committed on 22.11.2023 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.
BR28P1092 (Scorpio). 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
Patna High Court CWJC No.18001 of 2023 dt.08-01-2024
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.
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)
manish/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 10.01.2024
Transmission Date NA
