Vikas Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2774 of 2025 ====================================================== Vikas Kumar, Son of Manibhushan Singh, Resident of Village- 555 Lal Bagh Ali, Kapsahera Gaown, P.S.- Malik Pura Kohi @ the Rangpuri, DistrictSouth Delhi. ... ... 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, Kaimur (Bhabhua), Bihar. 4.

The Superintendent of Police, Kaimur (Bhabhua), Bihar. 5.

The Superintendent of Excise, Kaimur (Bhabhua), Bihar. 6.

The SHO, Excise Police Station, Kaimur, Bihar. ... ... Respondents.

====================================================== Appearance :

For the Petitioner :

Mr. Kumar Harshvardhan, Advocate .

Mr. Sudhanshu Prakash, Advocate.

For the State :

Mr. Ajay Kumar, AC to GP-4.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 20-03-2025 In the instant writ petition, petitioner has prayed for the following relief(s):

"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 White coloured TATA PUNCH PURE Car, having Registration No.-DL-9CBB-7361, Engine No.- REVTRN20DWXM68984 and Chassis No.-

Patna High Court CWJC No.2774 of 2025 dt.20-03-2025 2/3 MAT634031PPD60008, which has been seized by the State officials under the Prohibition & Excise P.S. Case No. 581/2024 u/s 30(a), 32(1),(3) & 41(1), (2) 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 (CWJC 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 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 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

Patna High Court CWJC No.2774 of 2025 dt.20-03-2025 3/3 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) ( Alok Kumar Sinha, J) P.S./- AFR/NAFR NAFR CAV DATE NA Uploading Date 21.03.2025.

Transmission Date NA