Patna High Court
Kisnawati Devi 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.2558 of 2025
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Kisnawati Devi Wife of Mangru Bin Resident of Village- Semra P.S.
Gopalpur, District-Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Excise Department,
Government of Bihar, Patna.
2. The District Magistrte-Cum-Collector, Gopalganj.
3. The Superintendent of Police, Gopalganj.
4. The Officer In-Charge (S.H.O.), Bhore Police Station, District-Gopalganj.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Vyas Kumar Mishra, Advocate
For the Respondent/s : Mr. Ramadhar Singh GP-25
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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):
"(i) For issuance of an appropriate
writ/writs, order/orders, direction/directions
commanding and directing the Respondents to
release the Alto Car of the petitioner bearing
Patna High Court CWJC No.2558 of 2025 dt.27-03-2025
Registration No. BR28Q-0165, Chasis No.
MA3EUA61S00991897, Engine No.
F8DN5752057 which has been seized by the Police
in connection with Bhore P.S. Case No. 216 of 2024
for the offences under Section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2018.
(ii) For the further issuance of writ/writs,
order/orders, direction/directions as your Lordships
may deem fit and proper."
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
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.
Patna High Court CWJC No.2558 of 2025 dt.27-03-2025
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
