Patna High Court
Ramashankar Ray vs The State Of Bihar on 12 August, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12247 of 2025
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Ramashankar Ray, Son of Kameshwar Ray, resident of village- Virpur, P.S.-
Jurawanpur, District- Vaishali.
... ... Petitioner
Versus
1. The State of Bihar through Principal Secretary, Excise Department,
Government of Bihar, Patna.
2. The Commissioner, Excise Excise Department, Government of Bihar, Patna.
3. The Collector-cum-District Magistrate, Vaishali.
4. The Excise Superintendent, Vaishali.
5. The Officer-in-Charge of Jurawanpur P.S., Vaishali.
6. The investigating Officer of Jurawanpur P.S. Case no. 119/25, Vaishali.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Rajeev Ranjan, Advocate
For the Respondent/s : Mr.Prashant Pratap, G.P.2
Mr.Asit Kumar Jha, AC to G.P.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 : 12-08-2025
In the instant writ petition, the petitioner has prayed
for the following relief(s):
"(I) For directing and commanding the respondents
to unseal the five shops (out of total 6 shops) of the
petitioner, situated at Ramashankar Market at
Village- Virpur, Ward no.10, P.S.- Jurawanpur,
District- Vaishali, seized in Jurawanpur P.S. Case
No. 119/25, lodged under Section 30(A), of Bihar
Prohibition and Excise Act, 2022.
Patna High Court CWJC No.12247 of 2025 dt.12-08-2025
(ii) For directing and commanding the respondents
to take immediate an appropriate action with
respect to unseal of said shops of the petitioner as
earliest.
(iii) And also for any other relief/relieves for which
petitioner is found to be legally entitled under the
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
Patna High Court CWJC No.12247 of 2025 dt.12-08-2025
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.
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)
manish/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 13.08.2025
Transmission Date NA
