Patna High Court
Gauri Shankar vs The State Of Bihar on 1 May, 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.7366 of 2024
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Gauri Shankar Son of Jagannath Prasad Singh, Resident of - Mahisaur, P.S.-
Jadaha, District- Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Excise and Prohibition
Department, Bihar, Patna.
2. The Additional Chief Secretary, Excise Department, Govt. of Bihar, Patna.
3. The Excise Commissioner, Head Quarter Bihar, Patna.
4. District Magistrate, Gopalganj.
5. The Superintendent of Police, Gopalganj.
6. The Superintendent of Police Excise, Gopalganj.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Pritish Ranjan
For the Respondent/s : Mr.Government Pleader (5)
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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 : 01-05-2024
In the instant petition, petitioner has prayed for the
following relief(s):
A.For issuance of an appropriate
writ/writs, order/orders in the nature of
mandamus directing the respondents to release
and discharge the property from any charges
labelled on the Car Registration No- MH-12-
UW-7819 which has been wrongly seized by
Police in connection with Kuchaikot P.S. Case
No. 73/2024 instituted on dated 18-02-2024 for
the offences alleged under Section-30(a) of the
Bihar Prohibition and Excise Amendment Act
2018.
B. For issuance of any other relief/reliefs
to which the petitioners are found entitled under
the facts and circumstances of the present case.
Patna High Court CWJC No.7366 of 2024 dt.01-05-2024
2. The alleged offence is stated to have been committed
on 18.02.2024 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.
MH-12-UW-7819. The petitioner has remedy of submission of
application under Rule 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. 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,
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 premature 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 12 A of Bihar
Prohibition and Excise Rules, 2021 including amended
provisions in the year 2022 and 2023. If such application is
Patna High Court CWJC No.7366 of 2024 dt.01-05-2024
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)
( Alok Kumar Pandey, J)
vashudha/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 02.05.2024
Transmission Date NA
