Patna High Court
Ramesh Singh 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.9142 of 2024
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Ramesh Singh S/o Parshuram singh, Resident of Village- Ramgarh, P.O-
Khalwa, P.S.- Nautan, District- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Excise
and Prohibition, Govt. of Bihar, Patna.
2. The Excise Commissioner Government of Bihar, New Secretariat, Patna.
3. The District Magistrate-Cum-Collector, Gopalganj.
4. The Superintendent of Police, Gopalganj.
5. The S.H.O, Uchkagaon police station
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Shahi, Adv
For the Respondent/s : Mr. Rajeev Ranjan, AC to GP 20
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:
"That this is an application for
issuance of writ of mandamus or other
appropriate writ(s), order(s) and
direction(s), commanding the respondent
No. 3 to release the vehicle (Mahindra
scorpio S-10) bearing Registration No.
BR-29-S-0009, Chasis No.
MA1TA2SJXE2K23444, Engine No.
SJE4K18314, seized in connection with
Patna High Court CWJC No.9142 of 2024 dt.21-06-2024
unchakagaon P.S. Case No. 21 of 2024,
dated 20.01.2024 registered U/S- 30 (a),
30(b) of Bihar Prohibition and Excise
Amendment Act 2022, allegedly 279 liters
of country made liquor was recovered
from the vehicle for which no proceeding
of confiscation yet to be initiated,
ignoring the vehicle is lying stagnant
about four months in open sky at the
Uchkagaon Police Station."
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.9142 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
