Dinesh Sah vs The State Of Bihar
2024 Latest Caselaw 6728 Patna

Patna High Court

Dinesh Sah vs The State Of Bihar on 1 October, 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.14378 of 2024
     ======================================================
     Dinesh Sah Son of Dakbari Sah, Resident of Village-Sujanpur, Khalgaun, P.S.
     Gopalpur, District-Gopalganj.
                                                               ... ... Petitioner/s
                                         Versus
1.    The State of Bihar through The Principal Secretary, Department of
      Prohibition and Excise, Govt. of Bihar, Patna.
2.   The District Magistrate, Gopalganj.
3.   The Superintendent of Police, Gopalganj.
4.   The Officer in Charge, Gopalganj Police Station, Dist. Gopalganj.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Dhramveer, Advocate
     For the Respondent/s   :      Mr. Government Pleader 24
     ======================================================
         CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
                                   and
               HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                         ORAL JUDGMENT

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

Date : 01-10-2024

In the instant writ petition, petitioner has prayed for the

following relief:

"That this Civil Writ is being filed on behalf of the petitioner for direction upon the Respondents to release the seized Honda Splender motorcycle bearing Reg. No. BR28AA- 9042, Chesis No. MBLHAW124NHD56644, ENGINE NO. HA11EDNHD91159, which is seized in connection with Gopalpur P.S. Case No. 141 of 2024."

2. In support of the aforementioned relief there is no

demand before the competent authority in particularly under Rule Patna High Court CWJC No.14378 of 2024 dt.01-10-2024

12 A of the Bihar Prohibition and Excise Rules, 2021 read with

amended sub-Rule 2 of Rule 12 A in the year 2022 and 2023.

3. In the absence of demand before the competent

authority, the present writ petition for issuance of writ of

mandamus is not maintainable or it is premature. Accordingly, the

present writ petition stands disposed of as premature.

4. Disposal of the present writ petition would not be a

hurdle for the petitioner to invoke remedy under Rule 12 A of the

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 a speaking order within a period

of two weeks from the date of receipt of such application.

5. If the confiscation of the vehicle has attained finality,

in that event, petitioner is at liberty to prefer an appeal before the

appellate authority.

(P. B. Bajanthri, J)

( Alok Kumar Pandey, J)

GAURAV S./-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          04.10.2024
Transmission Date       NA