Patna High Court
Ashok Yadav 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.6752 of 2025
======================================================
Ashok Yadav Son of Shivnandan Yadav Resident of Village- Ladaniya, P.S.-
Ladaniya, District- Madhubani.
... ... Petitioner
Versus
1. The State of Bihar through Principal Secretary, Department of Bihar
Prohibition and Excise, Government of Bihar, Patna.
2. The Collector-Cum- District Magistrate, Madhubani.
3. The Superintendent of Police, Madhubani.
4. The Superintendent of Excise, Madhubani.
5. The S.H.O., Ladaniya Police Station, District- Madhubani.
... ... Respondents
======================================================
Appearance :
For the Petitioner/s : Ms. Miss Kusum Rani, Advocate
For the Respondent/s : Mr. Standing Counsel (08)
======================================================
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
In the instant writ petition, the petitioner has prayed
for the following relief(s):
"(A) A writ in the nature of mandamus or
any other appropriate writ, order/s direction
commanding the respondents for the following
reliefs:-
(i) To release the premises of Bajrang Picture place
used as a godown by the petitioner situated at
Mauza Mahatha, Old Khata No. 365, Old Khesra
No. 940, Area 0-5-16 which has been seized by
S.H.O. Ladaniya Police Station, District-
Madhubani in connection with G.R. No. 1898/2022
arising out of Ladanya P.S. Case No.294 of 2022
dated 09.10.2022 for the offences registered under
Patna High Court CWJC No.6752 of 2025 dt.08-05-2025
section 272,273 of the Indian Penal Code and
30(a) of Bihar Prohibition and Excise Act, 2016
which has been forwarded to the court of learned
Addl. Sessions Judge-II-Cum- Special Judge,
Excise Act, Madhubani.
(B) To direct the respondent No.2 to release
the premises of Godown of petitioner in terms of
Rule (B) of Bihar Prohibition and Excise
amendment Rules 2022.
(C) To any other relief/reliefs for which the
petitioner is entitled in 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
Patna High Court CWJC No.6752 of 2025 dt.08-05-2025
of Bihar Prohibition and Excise Rules, 2021 including amended
provisions in the year 2022. If such application is submitted
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)
( S. B. Pd. Singh, J)
manish/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 09.05.2025
Transmission Date NA
