Tabssum Tara vs The State Of Bihar
2025 Latest Caselaw 321 Patna

Patna High Court

Tabssum Tara vs The State Of Bihar on 15 May, 2025

Author: P. B. Bajanthri

Bench: P. B. Bajanthri

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.7581 of 2025
     ======================================================
     Tabssum Tara W/o - Ajim Hussain, R/o- vill.- Jagarnatha, P.S- Manjhagadh,
     District- Gopalganj.

                                                              ... ... Petitioner/s
                                      Versus
1.   The State of Bihar through the Principal Secretary, Bihar Prohibition and
     Excise Department, Bihar, Patna.
2.   The District -Magistrate, Gopalganj.
3.   The Superintendent of Police, Gopalganj.
4.   The Officer In Charge of Uchkagaon Police Station, District- Gopalganj.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :        Mr.Saurabh Kumar, Advocate
     For the Respondent/s   :        Mr.Standing Counsel (06)
     ======================================================
     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 : 15-05-2025 In the instant writ petition, the petitioner has prayed for

the following relief(s):

"a. For issuance of appropriate writ in the nature of mandamus & certiorari for commanding and directing the respondent authorities to release the Bullet Motorcycle of the petitioner bearing Reg. no. BR28Z1534 and having Chesis no ME3U3S5F2MF003368, Engine no. U3S5F1MF106452 seized by Uchkagaon police, Gopalganj in connection with Uchkagaon P.S case no. 34/2025 registered u/s 30(a) of Bihar Excise Amendment Act 2022, in favor of the petitioner or his representative.

b. For the issuance of any other relief / reliefs to which the petitioner may found entitled to in the facts and circumstances of the case in favour of the petitioner."

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 Patna High Court CWJC No.7581 of 2025 dt.15-05-2025

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.

5. With the above observation, the instant writ petition

stands disposed of.

(P. B. Bajanthri, J)

(S. B. Pd. Singh, J)

ranjan/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          16.05.2025
Transmission Date       NA