Sonu Singh @ Sonu Kumar Singh vs The State Of Bihar
2024 Latest Caselaw 3632 Patna

Patna High Court

Sonu Singh @ Sonu Kumar Singh vs The State Of Bihar on 8 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.7870 of 2024
     ======================================================
     Sonu Singh @ Sonu Kumar Singh, Son of Ramakant Singh, Resident of
     Village- Panditpura, Police Station- Bhorey, District- Gopalganj.

                                                                  ... ... Petitioner/s
                                           Versus

1.   The State of Bihar Through the Principal Secretary Excise, Prohibition and
     Registration Department, Government of Bihar, Patna
2.   The Deputy Secretary Excise, Prohibition and Registration Department,
     Government of Bihar, Patna.
3.   The Collector, Gopalganj, District- Gopalganj.
4.   The Superintendent of Police, Gopalganj.
5.   The Sub Inspector Bhorey, District- Gopalganj.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Ms. Priya Raj, Advocate
     For the Respondent/s   :       Mr. Standing Counsel 11
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
             and
             HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
     ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 08-05-2024

In the instant petition, petitioner has prayed for the

following reliefs:-

"(I) That this is an application for

issuance of writ(s) order(s), direction(s) upon the

respondents to release the vehicle bearing

Registration No. UP52BF-5220 Super Splendor

motorcycle having Chassis No.

MBLJAW17XLGE02350, Engine No. Patna High Court CWJC No.7870 of 2024 dt.08-05-2024

JA07ABLGE01291 which has been seized in

connection with Bhorey P.S. Case No. 339 of 2023

dated 11.07.2023 under section 30(a) Bihar

Prohibition and Excise Act, 2016 in favour of the

petitioner as he is the real and registered owner of

the seized vehicle."

2. In support of aforementioned relief there is no

demand before the competent authority in particularly under

Rule of 12A 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 such application.

Patna High Court CWJC No.7870 of 2024 dt.08-05-2024

5. With the above observation, the present petition

stands disposed of.

(P. B. Bajanthri, J)

( Alok Kumar Pandey, J) manish/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          09.05.2024
Transmission Date       N.A