Anil Das @ Meghu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.823 of 2024 ====================================================== Anil Das @ Meghu S/o Late Shiv Shankar Das, R/o village- Karas Ghat, P.O.- Jhajhwa Bazar, P.S.-Mohammadpur, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State Of Bihar Through the Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna. 2.

The District Magistrate -cum-Collector, Gopalganj. 3.

The Excise Commissioner, Bihar, Patna.

4.

The Superintendent of Excise, Gopalganj.

5.

The Superintendent of Police, Gopalglanj.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satyendra Rai, Advocate For the Respondent/s :

Mr. Sitaram Yadav, G.P. 16 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 19-01-2024 In the instant petition, petitioner has prayed for the following relief:

For issuance of a writ in the nature of Mandamus or any other appropriate writ / writs / order / orders / direction / directions commanding the respondents to release the Hero HF Deluxe motorcycle bearing Reg. No. BR28U5673, Chasis No. MBLHAR054J9L09225 and Engine No.

HA11EPJ9L10374 in favour of the petitioner which has been seized in connection with Mohammadpur P.S. Case No. 94 / 2023 registered for the offence punishable under Section 30(a), 45 of Bihar Prohibition and Excise Act 2018 on 24.04.2023, seized for the alleged violation of Excise Act.

Patna High Court CWJC No.823 of 2024(2) dt.19-01-2024 2/2

2. For issuance of writ of Mandamus there must be demand before the competent authority such a demand is not forthcoming. Therefore, the present petition is premature. Accordingly, petition stands disposed of.

3. Disposal of the present petition would not be a hurdle for the petitioner to invoke Rule 12 - A of Rules, 2021 read with amendment of the aforementioned Rules in the year 2022 - 2023. If the petitioner submits application in the prescribed form, the same shall be considered by the competent authority within a period of two weeks from the date of receipt of such application.

4. With the aforesaid observation, petition stands disposed of.

(P. B. Bajanthri, J) ( Ramesh Chand Malviya, J) saurabhkr/- U