Patna High Court
Raju Kumar 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.2637 of 2025
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Raju Kumar Son of Hiralal Prasad Resident of Village-Visunpura, P.S.
Rampur. Distt- Deoria, State- Uttar Pradesh.
... ... 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 Kateya, District-Gopalganj.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Ms.Priya Raj, Advocate
For the Respondent/s : Mr. Navnit Kumar, AC to GP-18
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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):
"1. That this is an application for issuance of
writ(s), order(s), direction(s) upon the Respondents to
release the vehicle bearing Registration No-
UP52BE9212, HERO DESTINI-125 Scooty having
Chesis No. MBLJFW05XKGL05940, Engine No.
JF17EJKGL03487 which has been seized in connection
with Kateya P.S.- Case No.- 386 of 2024 dated
06.10.2024
, under section 30 (a) Bihar prohibition and
Patna High Court CWJC No.2637 of 2025 dt.27-03-2025
Excise Act-2018 in favour of the petitioner as he is the
real and registered owner of the seized vehicle.
2. That the writ petition based on following
grounds:-
(i) For that the seized vehicle bearing
Registration No- UP52BE9212, HERO DESTINI- 125
Scooty having Chesis No. MBLJFW05XKGL05940,
Engine No. JF17EJKGL03487 is purchased and owned
by the Petitioner.
(ii) For that the seized Hero Destini scooty is
belong to the petitioner and the petitioner has not arrested
on the place of occurrence, His 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 seized
Vehicle bearing Registration No- UP52BE9212, HERO
DESTINI- 125 Scooty."
2. In support of the 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 instant writ petition for writ of mandamus is not
maintainable or it is pre-mature. Accordingly, the instant writ
petition stands disposed of as pre-mature.
4. 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
Patna High Court CWJC No.2637 of 2025 dt.27-03-2025
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. With the above observation, the instant writ petition
stands disposed of.
(P. B. Bajanthri, J)
(Alok Kumar Sinha, J)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 28.03.2025
Transmission Date NA
