Citation : 2025 Latest Caselaw 733 Patna
Judgement Date : 23 July, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4872 of 2025
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Raghunath Sah, son of Lal Sah, Resident of village and Post-Kharka, Ward
No. 13, P.S- Nanpur, District- Sitamarhi.
... ... Petitioner
Versus
1. The State of Bihar through the Additional Chief Secretary, Prohibition
Excise and Registration Department (Excise), Government of Bihar, Patna.
2. The Excise Commissioner, Government of Bihar, Patna.
3. The District Magistrate cum Collector, District- Purnia.
4. The Superintendent of Police (SP), Purnia.
5. The Excise Superintendent, District- Purnia.
6. The Excise Inspector, Purnia.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Sharma, Advocate
For the Respondent/s : Mr. Standing Counsel (18)
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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 : 23-07-2025
In the instant petition, petitioner has prayed for the
the following relief(s):
"A. For issuance of writ in nature of mandamus for direction to respondent to provide reasonable opportunity to petitioner in terms of Rule 12A of the Bihar Prohibition and Excise Rules, 2021 with respect to deposit of penalty amount in connection with the Excise Case no. 184/2021 U/s. 30(A), of the Bihar Prohibition and Excise Act, 2016, further direction to release petitioner vehicle 'Bolero Pick-Up' bearing of Registration No. BR - 06GE 8213, Engine No. Patna High Court CWJC No.4872 of 2025 dt.23-07-2025
TNM1H79269, Chassis No. MA1ZN2TNKM1H64918 which was seized in said Excise case.
B. And for any other reliefs/reliefs for which the petitioner is found to be entitled under the provision of law involved in the present case."
2. During the pendency of the present petition, the
concerned Authority is stated to have passed order under Rule
12A of the Bihar Prohibition and Excise Rules, 2021 read with
amended Sub-Rule 2 of Rule 12A in the year 2022 and 2023. In
view of the later development the present petition does not
survive for consideration. The petitioner is at liberty to assail the
order passed under Rule 12A of the Bihar Prohibition and
Excise Rules, 2021 before the concerned Authority/Forum.
3. Accordingly, C.W.J.C. No. 4872 of 2025 stands
disposed of.
(P. B. Bajanthri, J)
( S. B. Pd. Singh, J) manish/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 25.07.2025 Transmission Date N.A
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