Patna High Court
Asharfi Devi vs The State Of Bihar on 31 July, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11003 of 2025
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Asharfi Devi Wife of Harendra Prasad, Resident of Village- Semaria, P.S-
Nautan, Distt- Siwan, State- Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Excise Prohibition and
Registration Department, Government of Bihar, Patna.
2. The Deputy Secretary, Excise, Prohibition and Registration Department,
Government of Bihar, Patna.
3. The Collector Gopalganj, District- Gopalganj.
4. The Superintendent of Police, Gopalganj.
5. The Sub Inspector Hathua, District- Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Ms. Priya Raj, Adv.
For the Respondent/s : Mrs. Archana Meenakshee, Adv.
Mr. Rohit Singh, Adv.
Mr. Prabhat Ranjan, Adv.
Mr. Harish Singh, Adv.
Mr. Ranveer Prawar, Adv.
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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 : 31-07-2025
Heard learned counsels for the parties.
2. In the instant writ petition, petitioner has prayed
for the following relief(s):-
"(i). For that the vehicle- Scooty
bearing Registration No- BR29BE4626,
Chassis No. MD626EG5XS3C02797,
Engine No. HG5CS3000868 which has
been seized in connection with Hathua P.S.
Case No. 156 of 2025 dated 03.06.2025,
under section 30 (a) Bihar prohibition and
Excise Act 2022 is purchased and owned by
Patna High Court CWJC No.11003 of 2025 dt.31-07-2025
the Petitioner.
(ii) For that the seized
motorcycle belongs to the petitioner and
the petitioner has not arrested on the place
of occurrence, her name has been
transpired only because he is owner of the
seized vehicle.
(iii) For that any further reliefs
which may grant in favour of the petitioner
for releasing the vehicle-Scooty bearing
Registration No-, BR29BE4626, Chassis
No.- MD626EG5XS3C02797, Engine No.
HG5CS3000868 in favour of the
petitioner."
3. In support of the aforementioned relief, there
is no demand before the competent authority, in
particularly, under Rule 12 A of the Bihar Prohibition and
Excise Rules, 2021 read with amended sub Rule 2 of Rule
12 A in the year 2022 and 2023.
4. In the absence of demand before the
competent authority, the instant writ petition filed for
direction under Article 226 for a writ of mandamus is not
maintainable or it is premature. Accordingly, the instant
writ petition stands disposed of as premature.
Patna High Court CWJC No.11003 of 2025 dt.31-07-2025
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 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.
6. If the confiscation proceedings of the subject
matter of vehicle has attained finality, in that event,
petitioner is at liberty to prefer an appeal before the
appropriate authority.
7. With the above observation, instant writ petition
stands disposed of.
(P. B. Bajanthri, J)
( S. B. Pd. Singh, J)
Nirajkrs/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 02.08.2025
Transmission Date NA
