Patna High Court
Kamakhya Saw vs The State Of Bihar on 27 March, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Alok Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3248 of 2025
======================================================
Kamakhya Saw Son of Late Lal Mohan Saw, Resident of Village- Jajapur,
Post- Majhara, Police Station- Goh, District- Aurangabaad.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Registration Excise and
Prohibition Department, Government of Bihar, Patna.
2. The District Magistrate-Cum-Collector, Aurangabad.
3. The Senior Superintendent of Police, Aurangabad.
4. The Officer-In-Charge Goh Police Station, Aurangabad.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhay Kumar, Advocate
For the Respondent/s : Md. Mahtab Alam AC to SC-20
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 27-03-2025
In the instant writ petition, the petitioner has prayed
for the following relief(s):
"(i) For issuance of an appropriate
writ/writs, order/orders or direction/directions including
a writ preferable in the nature of mandamus
commanding and direction upon the respondents to
unsealed the shop of petitioner which has sealed on
31.10.2021
in connection with Goh P.S case No-220 of
2021 dated-30.10.2021 registered under sections 30(a)
of Bihar Prohibition and Excise, Amendment Act.
relating to recovery of total 67.45 litre English wine.
forth taking into consideration that Nothing
incriminating article has been recovered from the shop
Patna High Court CWJC No.3248 of 2025 dt.27-03-2025
and shop has not used in committing the offence under
provision of Excise Act, bearing Khata No-202, Plot
No-857 area-5 decimal Mauza-Jajapur, Thana No-195
Tauji No-1568.
(ii) For issuance of an appropriate
writ/writs, Order/Orders, direction/directions for which
the writ petitioner would be found 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.3248 of 2025 dt.27-03-2025
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)
(Alok Kumar Sinha, J)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 28.03.2025
Transmission Date NA
