Patna High Court
Kanchan Kumari vs The State Of Bihar on 21 June, 2024
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9135 of 2024
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Kanchan Kumari Wife of Neeraj Kumar Thakur Resident of village- Kanchan
Logistics Flat No. 5-B, First Floor, DDA Janata Flats, Near Terminal
Mangalpuri, New Delhi 110045.
... ... Petitioner/s
Versus
1. The State of Bihar through Secretary of the Excise Department, Bihar at
Patna.
2. The Excise commissioner, Bihar Patna.
3. The District Magistrate, Kaimur at Bhabua.
4. The superintendent of Police, Kaimur at Bhabua.
5. The superintendent of Excise, Kaimur at Bhabua.
6. The Investigating officer of police station Durgawati, District-Kaimur at
Bhabua.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Rajani Kant Pandey, Adv
For the Respondent/s : Mr. Sanjay Kumar, AC to GP 23
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 21-06-2024
In the instant petition, the petitioner has prayed for the
following reliefs:
"(i) To issue an appropriate
writ, order or directions including a writ
in the nature of mandamus commanding
the respondents to release the seized
vehicle bearing its Reg No. DL1MA7582,
Engine No. E416NCMG355558, Chassis
No. MC2EBKRC0MG493795, Model
2021, arising out of Durgawati P.S. Case
Patna High Court CWJC No.9135 of 2024 dt.21-06-2024
No. 217 of 2023 relates to the petitioner
which is seized without proper reason.
(ii) To issue an appropriate
writ/order/direction the respondents not
to take any coercive measures against the
petitioner.
(iii) and/or other writ order or
direction may be issued in which the
petitioner is entitled to.
2. In support of such relief there is no demand before the
competent authority in particularly under Rule of 12 A of the Bihar
Prohibition and Excise Rules, 2021 read with amended sub Rule 2
of Rule 12A in the year 2022 and 2023.
3. In the absence of demand before the competent
authority the present writ petition for writ of mandamus is not
maintainable or it is pre-mature. Accordingly, the present petition
stands disposed of as pre-mature.
4. Disposal of the present 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 in the
prescribed form before the competent authority, the competent
authority shall pass speaking order within a period of two weeks
from the date of receipt of this order.
Patna High Court CWJC No.9135 of 2024 dt.21-06-2024
5. With the above observation, the present petition
stands disposed of.
(P. B. Bajanthri, J)
( Alok Kumar Pandey, J)
Jyoti/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 25.06.2024
Transmission Date N/A
