Patna High Court
Harish Kumar 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.10703 of 2025
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Harish Kumar Son of Late Ram Asish Chaudhary @ Ram Ashish Choudhary
@ Ramshish Choudhary Resident of Village/Mohalla - Gate No.- 33, Rajapur
Mainpura, P.S.- Buddha Colony, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Excise
and Prohibition, Government of Bihar, Patna.
2. The Principal Secretary, Department of Excise and Prohibition, Government
of Bihar, Patna.
3. The District Magistrate-cum- Collector, Patna.
4. The Senior Superintendent of Police, Patna.
5. The Excise Superintendent, Department of Excise, Patna.
6. The Station House Officer, Excise P.S., Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar Singh, Advocate
For the Respondent/s : Mr.Standing Counsel (09)
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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 : 07-08-2025
In the instant writ petition, the petitioner has prayed for
the following relief(s):
"1.That, by way of this writ petition the
petitioner craves indulgence of this Hon'ble Court,
for the issuance of a writ in the nature of Mandamus
or an appropriate writ, order or orders, direction or
directions commanding the respondent authorities to
unseal the premises of the petitioner, which has been
sealed by the Excise police, Patna in connection with
Excise P.S. case No. 2171 of 2024 instituted u/s 30(a)
& 56(b) of Bihar Prohibition and Excise Act, 2018
from which the allegedly recovery of illegal liquor
from the one room of the rented premises has been
Patna High Court CWJC No.10703 of 2025 dt.07-08-2025
made and the petitioner further prays for the
quashing of confiscation proceeding if any, as well as
other consequential relief or reliefs for which the
petitioner is entitled under the Law."
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.
Patna High Court CWJC No.10703 of 2025 dt.07-08-2025
5. With the above observations, instant writ petition
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
