Rinku Devi vs The State Of Bihar
2025 Latest Caselaw 1480 Patna

Patna High Court

Rinku Devi vs The State Of Bihar on 7 August, 2025

Author: P. B. Bajanthri

Bench: P. B. Bajanthri

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.10702 of 2025
     ======================================================
     Rinku Devi W/o Rabindra Ray, R/o Village Bahadurpur, P.S. Mashrakh,
     District - Saran, PIN-841417.

                                                            ... ... Petitioner/s
                                    Versus
1.   The State of Bihar through the Principal Secretary, Excise Department,
     Government of Bihar, Patna.
2.   The District Magistrate, District - Saran at Chhapra.
3.   The Superintendent of Police, District- Saran at Chhapra.
4.   The Deputy Collector Land Record, Madhaurah, District - Saran.
5.   The Station Head Officer, P.S. - Mashrakh, District - Saran.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :         Mr.Ajit Kumar Singh, Advocate
                                      Mr. Sameer Kumar, Advocate
     For the Respondent/s   :         Mr.Government Advocate (5)
     ======================================================
     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 : 07-08-2025
                In the instant writ petition, the petitioner has prayed

      for the following relief(s):

                                            "(i)      To       issue     appropriate
                                writ/order/direction in the nature of mandamus
                                and/or any other writ/s to the Respondent No. 2, 3
                                & 4 directing them to unseal/unlock the house
                                (room) of petitioner sealed on 29/05/2025 involved
                                in Mashrakh P.S. Case No. 07/2025 dated
                                09/01/2025

registered u/s 30A of Bihar Prohibition & Excise Act, 2016.

to give the physical possession of the sealed house (room) to petitioner as petitioner has been deprived of her residence in blatant violation of statutory provisions.

(iii) For any other order/writ/direction Patna High Court CWJC No.10702 of 2025 dt.07-08-2025

which this Hon'ble Court may deem fit and proper in the given facts and circumstances of the case."

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 Patna High Court CWJC No.10702 of 2025 dt.07-08-2025

stands disposed of.

6. If the confiscation proceedings of the residential

house 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)

ranjan/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          08.08.2025
Transmission Date       NA