Patna High Court
Shailesh Singh @ Bhola Singh vs The Commissioner, Department Of ... on 6 February, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Sunil Dutta Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19721 of 2024
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Shailesh Singh @ Bhola Singh S/o Late Shyam Prasad Singh @ Late Shyam
Prasad Singh, Resident of Village Sitalpur Babutola, P.S.-Dighwara, District-
Saran.
... ... Petitioner/s
Versus
1. The Commissioner, Department of Excise, Government of Bihar Patna.
2. The District Magistrate cum District Collector, Saran at Chapra.
3. The Superintendent of Police, Saran at Chapra.
4. The Excise Superintendent, Saran at Chapra.
5. The Station House Officer Dighwara Police Station, Saran at Chapra.
6. The Investigation Officer of Dighwara P.S. Case No. 184/2023
7. Shree Satyendra Kumar, S/o Shree Nand Kishore Rai, R/o Village-Sitalpur
Tole Chhattar Chhapra, P.S.-Dighwara, District-Saran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Chandra Gandhi, Advocate
For the Respondent/s : Mr. Ravi Kumar, AC to GP-13
Mr. Akshay Lal Prasad, AC to GP-13
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 06-02-2025
Heard learned counsels for the parties.
2. In the instant petition, petitioner has prayed for
following reliefs:-
"(i) For issuance of a writ in the nature of
mandamus directing and commanding
the respondents to unseal and release
the house of the petitioner which has
been sealed in Dighwara P.S. Case No.
184/2023 instituted for an offences
under Section 30(a) of the Bihar
Patna High Court CWJC No.19721 of 2024 dt.06-02-2025
Prohibition and Excise Act, 2016.
(ii) For issuance of any other appropriate
writ/ writs, order /orders,
direction/directions of which the
petitioner shall be entitled under the
circumstances of the case."
3. 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 and 2023. 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.
4. Accordingly, the present writ petition is pre-
mature and it stands disposed of as not maintainable.
5. Disposal of the present 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 and 2023. If such application is
submitted before the competent authority, in the prescribed
Patna High Court CWJC No.19721 of 2024 dt.06-02-2025
form, the concerned authority is hereby directing to consider the
petitioners' grievance within a period of two weeks from the
date of receipt of such application.
6. With the above observations, the present writ
petition stands disposed of.
7. 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)
(Sunil Dutta Mishra, J)
rakhi/-
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 12.02.2025
Transmission Date
