Patna High Court
Sanjay Kumar Giri vs The State Of Bihar on 6 May, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5457 of 2025
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Sanjay Kumar Giri, S/o Vinod Giri, R/o village - Barahan Gopal, P.S. - Siwan
Muffasil, Dist.- Siwan.
... ... Petitioner
Versus
1. The State of Bihar through Secretary Excise and Prohibition Department
Govt. of Bihar, Patna.
2. The Excise Commissioner, Bihar, Patna.
3. The District Magistrate, Siwan, Bihar.
4. The Superintendent of Police, Siwan, Bihar.
5. The Superintendent of Excise, Siwan, Bihar.
6. The SHO, Mairwan, Siwan, Bihar.
... ... Respondent
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Appearance :
For the Petitioner/s : Mr. Kumar Harshvardhan, Advocate
Mr. Sudhanshu Prakash, Advocate
For the Respondent/s : Mr. Amit Bhushan, AC to GP-17
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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 : 06-05-2025
In the instant petition, petitioner has prayed for the
following reliefs:-
"(i) For issuance of a writ of Mandamus or
any other appropriate order/orders,
direction/directions directing the respondents to
release the vehicle of the petitioner which is Amaze
Car having Registration No. BR-29-AZ-9462,
Engine No. L12B47844295 and Chassis No.
Patna High Court CWJC No.5457 of 2025 dt.06-05-2025
MAKDF559AR4409503 which has been seized by
the State officials under the Mairwan P.S. Case No.
62/2025 u/s 30(a) of the Bihar Prohibition and
Excise (amendment) Act, 2018;
(ii) For direction may be given for disposal
of present case in light of the Hon'ble Patna High
Court's decision in Sunaina Vs State of Bihar
(C.W.J.C. No. 7920/2023).
And/or
(iii) For any other order/orders, relief/reliefs
for which the petitioner may be entitled in the eyes
of law."
2. In support of 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 present writ petition for writ of mandamus is not
maintainable or it is pre-mature. Accordingly, the present
petition stands disposed of as pre-mature.
4. Disposal of the present petition would not be a
Patna High Court CWJC No.5457 of 2025 dt.06-05-2025
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. If the confiscation of the vehicle has attained
finality, in that event, petitioner is at liberty to prefer an appeal
before the appropriate authority.
6. With the above observation, the present petition
stands disposed of.
(P. B. Bajanthri, J)
( S. B. Pd. Singh, J)
manish/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 07.05.2025
Transmission Date NA
