Patna High Court
Manisha Kumari 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.18201 of 2023
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Manisha Kumari D/o Baliram Sah Resident of Village-Nawada Parsauni P.S.-
Uchkagaon, District-Gopalganj.
... ... Petitioner.
Versus
1. The State of Bihar through the Principal Secretary, Bihar Prohibition and
Excise Department, Bihar, Patna.
2. The District Magistrate, Gopalganj.
3. The Superintendent of Excise, Gopalganj.
4. The Superintendent of Police, Gopalganj.
5. The Officer in Charge, Excise Police Station, Gopalganj.
... ... Respondents.
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Appearance :
For the Petitioner : Mr. Sudhir Kumar Sinha, Advocate.
For the State : Mr. Kumar Pankaj, AC to SC- 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) To issue an appropriate order/s, direction/s
including a writ preferably in nature of
Mandamus commanding the respondents
to release the vehicle/TVS Apache
Motorcycle bearing Registration
No.BR28-W-5574, Chassis
No.MDG34CE48K2N06755, Engine
No.CE4NK2306762 in favour of the
petitioner who is owner of the said
Patna High Court CWJC No.18201 of 2023 dt.08-01-2024
motorcycle seized in Excise P.S. Case
No.763 of 2023 registered under section
30(a) of Bihar Prohibition and Excise
Amendment Act, 2018 lying in the
premises of Police station and subject to
natural decay by furnishing sufficient
penalty to the satisfaction of learned
District Magistrate, Gopalganj.
(ii) Any other relief/s to which the petitioner
is entitled in the facts and circumstances
of the case."
2. The alleged offence is stated to have been
committed on 28.07.2023 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.BR28-W-5574, (TVS Apache 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
Patna High Court CWJC No.18201 of 2023 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)
P.S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 10.01.2024.
Transmission Date NA
