Patna High Court
Ali Ashraf Siddiqui vs The State Of Bihar on 24 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.2444 of 2025
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Ali Ashraf Siddiqui, Son fo Late Badrul Hoda Siddiqui, M.L.A. 158 Nath
Nagar, Bhagalpur, Resident of Village- Jamgaon, P.O.- Balua Chak, P.S.-
Jagdishpur, District- Bhagalpur, presently resided at Ismail Cottage Haroon
Nagar, Phase-II, P.S.- Phulwari Sharif, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Department of Excise,
Government of Bihar, Patna.
2. The District Magistrate, Siwan.
3. The Superintendent of Police, Siwan.
4. The S.H.O. of Excise, P.S.- Siwan.
5. The District Magistrate, Patna.
6. The Superintendent of Police, Patna.
7. The S.H.O. of Phulwari Sharif Police Station, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Md. Nurul Hoda, Advocate
For the Respondent/s : Mr. Kumar Alok, Standing Counsel (7)
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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 : 24-02-2025
In the instant petition, petitioner has prayed for the
following reliefs:-
"(i) For directing the respondent
authorities to release the vehicle, Scorpio bearing
BR01PL-8153 Chasis No.
MA1TA2XM2M2A11990, Engine No.
XMM4A10959 in favour of the petitioner as the
petitioner is an actual/ bonafide owner of
aforesaid vehicle.
(ii) For directing the respondents
authorities to hand over the vehicle of the
Patna High Court CWJC No.2444 of 2025 dt.24-02-2025
petitioner after furnishing suitable, sureties as per
direction of this Hon'ble Court.
(iii) For any other relief/reliefs as
your lordships may deem fit and proper on the
facts and circumstance of this case.
2. In support of 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.
3. In the absence of demand before the competent
authority, the present Writ petition for writ of mandamus is not
maintainable or it is pre-mature. Accordingly, the present Writ
petition stands disposed of as pre-mature.
4. Disposal of the present 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
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. If the confiscation of the vehicle has attained
finality, in that event, petitioner is at liberty to prefer an appeal
before the appropriate authority.
Patna High Court CWJC No.2444 of 2025 dt.24-02-2025
6. With the above observation, the present petition
stands disposed of.
(P. B. Bajanthri, J)
( Sunil Dutta Mishra, J)
khushbu/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 25.02.2025
Transmission Date N/A
