Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4788 of 2024 ====================================================== Arun Kumar Son of Laxhman Prasad, Resident of Village- Matihanian, Salehpur, P.S. Bisambharpur, District - Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Prohibition and Excise, Govt. 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, Advocate For the Respondent/s :

Mr. Mahtab Alam, AC to SC 20 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 18-03-2024 In the instant writ petition, petitioner has prayed for the following relief/reliefs:

"That, this instant Civil Writ application is being filed on behalf of the petitioner for direction / directions upon the Respondents to release the seized T.V.S. Raider Motorcycle of the petitioner bearing Reg. No. UP57BN Chesis No.

MD625AF92P1GO1688, Engine No.

AF9GP1601584 which is seized in connection with Gopalganj Excise P.S. Case No. 1301/23

Patna High Court CWJC No.4788 of 2024 dt.18-03-2024 2/2 dated 19.12.2024, U/S-30 (a) of Bihar Prohibition and Excise Act, 2018."

2. For issuance of writ of mandamus there must be demand before the competent authority followed by statutory duty vested in the public authority. Ingredient No. 1 relating to demand before the competent authority is not forthcoming in the present lis. Accordingly, present writ petition stands disposed of as premature.

3. Disposal of the present writ petition would not be a hurdle for the petitioner to approach the concerned authority under Rule 12 A of Bihar Prohibition and Excise Rules, 2021 read with amended sub Rule (2) of Rule 12 A in the year 2022 and 2023. If such application is submitted in the prescribed format, the concerned authority is hereby directed to proceed to decide the petitioner's case within a period of two weeks from the date of receipt of such application under Rule 12 A.

(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) GAURAV S./- AFR/NAFR NAFR CAV DATE NA Uploading Date 20.03.2024 Transmission Date NA