Patna High Court
Kaushliya Devi vs The State Of Bihar on 10 April, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3223 of 2025
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Kaushliya Devi W/o Late Jogeshwar Prasad Resident of Mohalla V.I.P.
Colony, P.S.- Nawada, District- Nawada.
... ... Petitioner.
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Old
Secretariat, Bihar, Patna.
2. The Divisional Commissioner, Excise Department, Patna Division, Patna.
3. That District Collector, Nawada.
4. The Superintendent of Police, Nawada.
... ... Respondents.
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Appearance :
For the Petitioner : Mr. Sheo Kumar Prasad, Advocate.
For the State : Mr. Government Pleader (2).
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 10-04-2025
In the instant writ petition, the petitioner has prayed for
the following relief(s):
"(i) For unseal the room of the petitioner which
is the part of the ground floor situated in
the U.I.P. Colony in P.S. Nawada District
Nawada was seal by the Respondent
authorities in connection with Excise P.S.
Case No.573/2024 dated 19.08.2024 for
the offence registered under sections 30(a),
47 of the Excise Act.
(ii) For that till date confiscation case has not
been instituted in this present case."
Patna High Court CWJC No.3223 of 2025 dt.10-04-2025
2. The petitioner has remedy of submission of
application under Rule 12B of the Bihar Prohibition and Excise
Rules, 2021 read with amended sub Rule 2 of Rule 12B in the
year 2022. 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 instant writ petition is pre-
mature and it stands disposed of as not maintainable.
4. Disposal of the instant writ petition would not
be a hurdle for the petitioner to invoke remedy under Rule 12B
of Bihar Prohibition and Excise Rules, 2021 including amended
provisions in the year 2022. If such application is submitted
before the competent authority, in the prescribed form, the
concerned authority is hereby directed to consider the
petitioners' grievance within a period of two weeks from the
date of receipt of such application.
5. With the above observations, instant writ
petition stands disposed of.
Patna High Court CWJC No.3223 of 2025 dt.10-04-2025
6. If the confiscation proceedings of the subject
matter of the room of the petitioner has attained finality in that
event petitioner is at liberty to file an appeal under Section 92 of
the Bihar Prohibition and Excise Act, 2016 before the appellate
authority.
(P. B. Bajanthri, J)
( S. B. Pd. Singh, J)
manish/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 30.04.2025
Transmission Date NA
