Raju Chaudhari vs The State Of Bihar
2025 Latest Caselaw 163 Patna

Patna High Court

Raju Chaudhari vs The State Of Bihar on 8 May, 2025

Author: P. B. Bajanthri

Bench: P. B. Bajanthri

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.7019 of 2025
     ======================================================
     Raju Chaudhari Son of Fagu Chaudhari Resident of Village-Koirigawa Jogi
     Tola, P.S. Barharia District-Siwan.

                                                             ... ... Petitioner/s
                                     Versus
1.   The State of Bihar through the Principal Secretary, Department of Excise
     and Prohibition, Bihar, Patna.
2.   The Secretary, Bihar Prohibition, and Excise, Government of Bihar, Patna.
3.   THe Collector, Gopalganj.
4.   The Superintendent of Police, Excise, Gopalganj.
5.   The Deputy Superintendent of Police, Gopalganj.
6.   The District Excise Officer, Gopalganj.
7.   The Officer-in-Charge, Manjhagarh Police Station, District-Gopalganj.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :        Mr.Brajesh Kumar Singh
     For the Respondent/s   :        Mr.Standing Counsel (18)
     ======================================================
     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 : 08-05-2025

Heard learned counsels for the parties.

2. In the instant writ petition, petitioner has

prayed for the following relief(s):-

"(i). For issuance of an appropriate writ in the nature of mandamus commanding and directing the respondent authorities to release the vehicle bearing Registration No. BR29AP3980 which has Patna High Court CWJC No.7019 of 2025 dt.08-05-2025

been seized in connection with Manjhagarh P.S. Case No. 19/2025 registered under section 30(a) of the Bihar Prohibition & Excise Act in favour of the petitioner who is owner of the vehicle.

(ii) And for any other reliefs for which this Hon'ble Court may deem fit and proper"

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.

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 Patna High Court CWJC No.7019 of 2025 dt.08-05-2025

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          09.05.2025
Transmission Date       NA