Astab Hussan @ Ashtab Husain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5274 of 2024 ====================================================== Astab Hussan @ Ashtab Husain Son of Md. Islam, Resident of Village - Dibani Banjarwa, Nawko Tola, P.S. Tamkuhi Raj, District- Kushinagar (Uttarpradesh).

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Gopalganj.

3.

The Superintendent of Excise, Gopalganj.

4.

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

For the Petitioner/s :

Mr.Dhramveer For the Respondent/s :

Mr.Government Pleader (22) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 01-04-2024 In the instant petition, petitioner has prayed for the following relief(s):

That this writ petition is being filed on behalf of the petitioner for direction/directions upon the Respondents to release the seized Bajaj Pulsar motorcycle of the petitioner bearing Reg No. U.P. 57 B.P.

4808, Chesis No MD2B 68 BX2PPB 30456, Engine No. DHXPPB 42693, which is seized in connection with Excise P.S. Case no. 1275/2023, u/s 30(a) of Bihar Prohibition and Excise Amendment Act, 2018.

2. For issuance of writ of mandamus, there must be demand before the concerned authority read with duty cast on the public authority. The first ingredient is not forthcoming

Patna High Court CWJC No.5274 of 2024 dt.01-04-2024 2/2 consequently the present petition is not maintainable. Accordingly, the petition stands disposed of as premature.

3. Disposal of the present petition would not be a hurdle for the petitioner to invoke remedy before the appropriate authority under Rule 12 A of the Bihar Prohibition and Excise Rules, 2021 read with Amended Rules 2022 and 2023. If such application is filed in the prescribed form the concerned authority is hereby directed to decide the petitioner's application within a period of two weeks from the date of receipt of such application to be filed.

(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) vashudha/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA