Baijnath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1587 of 2024 ====================================================== Baijnath Singh, Male, aged about 79 years, Son of Late Bhagwat Singh, Resident of Village- Bela, P.S.- Basantpur, District- Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Excise, Government of Bihar, Patna.

2.

The District Magistrate, Gopalganj.

3.

The Senior Superintendent of Police, Gopalganj. 4.

The Officer-in-Charge, Excise Police Station, Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinod Pandey, Advocate For the Respondent/s :

Mr. Ramadhar Singh, GP 25 Mr. Upendra Prasad Singh, AC to GP 25 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 31-01-2024 In the instant petition, the petitioner has prayed for the following reliefs:

"That this is an application for issuance of writ in the nature of Mandamus for direction to respondents to release Swift Car bearing its Registration No. BR-28AC-8416, Engine No. DI3A2878747, Chesis No.

MA3FJEB1S00A00135, which is seized in connection with Excise P.S. Case No. 1084/2023 under Section 30(a) of the Excise Act and kept in the premises of Excise Police Station, Gopalganj."

Patna High Court CWJC No.1587 of 2024 dt.31-01-2024 2/2

2. In support of such relief there is no demand before the competent authority in particularly under Rule of 12 A 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 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 this order.

5. With the above observation, the present petition stands disposed of.

(P. B. Bajanthri, J) (Ramesh Chand Malviya, J) Anand Kr.

AFR/NAFR CAV DATE Uploading Date 07.02.2024 Transmission Date