Emteyaz Ahmad Khan vs The State Of Bihar
2025 Latest Caselaw 3479 Patna

Patna High Court

Emteyaz Ahmad Khan vs The State Of Bihar on 25 April, 2025

Author: P. B. Bajanthri

Bench: P. B. Bajanthri

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.4929 of 2025
     ======================================================
     Emteyaz Ahmad Khan S/o-Reyaz Ahamd Khan Resident of- Miran Khan
     Tola, Lahuar, P.S.- Lahuar, District- Darbhanga.
                                                                ... ... 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
     ======================================================
     Appearance :
     For the Petitioner/s   :        None
     For the Respondent/s   :        Mr. Government Advocate (7)
     ======================================================
     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 : 25-04-2025

No one appeared on behalf of the petitioner.

2. In the instant writ 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 Vehicle from any charges labelled on the Car Registration No.- BR-07-BA-6544 which has been wrongly seized by police in connection with Kuchaikote P.S. Case No. Patna High Court CWJC No.4929 of 2025 dt.25-04-2025

350/2024 instituted on dated 20-08-2024 for the offences alleged under Sectiom 30(a) of the Bihar Prohibition and Excise Amendment Act 2022.

(b) For issuance of appropriate writ/writs, order/orders in the nature of Mandamus directing the respondents for disposal his representation/application of release of vehicle which is pending before the respondent no.- 4.

(c) for issuance of any other relief/reliefs to which the petitioners are found entitled under the facts and circumstances of the present case."

3. In support of the aforementioned relief, there

is no demand before the competent authority, in

particularly, under Rule 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.

4. In the absence of demand before the

competent authority, the instant writ petition filed for

direction under Article 226 for a writ of mandamus is not

maintainable or it is premature. Accordingly, the instant

writ petition stands disposed of as premature.

Patna High Court CWJC No.4929 of 2025 dt.25-04-2025

5. Disposal of the instant writ 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.

6. If the confiscation proceedings of the subject

matter of vehicle has attained finality, in that event,

petitioner is at liberty to prefer an appeal before the

appropriate authority.

7. With the above observation, instant writ petition stands disposed of.

(P. B. Bajanthri, J)

( S. B. Pd. Singh, J)

Sushma /-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          1.5.2025
Transmission Date       NA