Km Pushpa Singh vs The State Of Bihar
2025 Latest Caselaw 1485 Patna

Patna High Court

Km Pushpa Singh 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.11383 of 2025
     ======================================================
     KM Pushpa Singh W/o Raju Kumar Singh R/o-Koiri Tola, Semaria, P.S.-

     Nautan, District-Siwan, Bihar.


                                                                  ... ... Petitioner/s
                                          Versus

1.   The State of Bihar through Secretary Excise and Prohibition Department
     Gov. of Bihar, Patna.


2.   The Excise Commissioner, Bihar, Patna.


3.   The Distirct Magistrate, Gopalganj, Bihar.


4.   The Superintendent of Police, Gopalganj, Bihar.


5.   The Superintendent of Excise, Gopalganj, Bihar.


6.   The SHO, Gopalganj Police Station, Gopalganj, Bihar.



                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s    :        Mr.Sumit Shekhar Pandey, Advocate
                                      Mr. Masoom Raza, Advocate
     For the Respondent/s    :        Mr. Umesh Narayan Dubey, AC to GP 27
     ======================================================
     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
               State counsel files counter affidavit. The same is taken

      on record.

                  2. In the instant writ petition, the petitioner has prayed
 Patna High Court CWJC No.11383 of 2025 dt.07-08-2025
                                           2/3




         for the following relief(s):

                                          "i. For issuance of a writ in the any other
                               appropriate       order/orders,     direction/directions
                               directing the respondents to release the vehicle of the
                               petitioner which is a Hero, Passion Pro, Motor Cycle
                               having Registration No. BR 29AS 4309, Engine No.-
                               JA06EWMHG03378              and       Chassis       No.
                               MBLJAW146MHG01610 which has been seized by
                               the State officials under the FIR bearing Hathua P.S.
                               Case No. 216/2024 u/s 30(a) of the Excise Act dated
                               07.09.2024

; And/or

ii.For any other order/orders, relief/reliefs for which the, petitioner may be entitled in the eyes of law."

3. In support of the aforementioned relief, there is no

demand before the competent authority in particularly under

Rule of 12A of the Bihar Prohibition and Excise Rules, 2021

read with amended sub Rule 2 of Rule 12A in the year 2022 and

2023.

4. In the absence of demand before the competent

authority, the instant writ petition for writ of mandamus is not

maintainable or it is pre-mature. Accordingly, the instant writ

petition stands disposed of as pre-mature.

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 Patna High Court CWJC No.11383 of 2025 dt.07-08-2025

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.

5. With the above observation, the instant writ petition

stands disposed of.

(P. B. Bajanthri, J)

(S. B. Pd. Singh, J)

ranjan/-

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