Amlesh Panday v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6334 of 2025 ====================================================== Amlesh Panday Son of Dinanath Panday Resident of Village-Mairwa Karan, P.S.- Kuchaikot, Distt- Gopalganj, State-Bihar, Patna. ... ... Petitioner/s

Versus

1.

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

The Deputy Secretary Excise, Prohibition and Registration Department, Government of Bihar, Patna.

3.

The Collctor Gopalganj, District-Gopalganj.

4.

THe Superintendent of Police, Gopalganj.

5.

The Sub Inspector Thaawe, District-Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Priya Raj For the Respondent/s :

Mr.Divit Vinod, Ac to Sc 226 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 07-05-2025 Heard learned counsels for the parties.

2. In the instant writ petition, petitioner has prayed for the following relief(s):- "That this is an application for issuance of writ(s), order(s) direction(s) upon the Respondents to release the vehicle bearing Registration NoBR28AA7855, HERO HF DELUXE MOTORCYCLE, having Chesis No.

MBLHAW144N9D03891, Engine No.

HA11ESN9D03860 which has been seized in connection with Thawe P.S. Case No.- 38 of 2025 dated 27.02.2025, under section 30 (a) Bihar prohibition and Excise Amendment Act- 2022 in favour of

Patna High Court CWJC No.6334 of 2025(2) dt.07-05-2025 2/3 the petitioner as he is the real and registered owner of the seized vehicle."

3. In support of the aforementioned relief, there is no demand before the competent authority, in particularly, under Rule 12 A of the Bihar Prohibition and Excise Rules, 2021 read with amended sub Rule 2 of Rule 12 A in the year 2022 and 2023.

4. In the absence of demand before the competent authority, the instant writ petition filed for direction under Article 226 for a writ of mandamus is not maintainable or it is premature. Accordingly, the instant writ petition stands disposed of as premature.

5. 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 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.

6. If the confiscation proceedings of the subject matter of vehicle has attained finality, in that event, petitioner is at liberty to prefer an appeal before the appropriate authority.

7. With the above observation, instant writ petition

Patna High Court CWJC No.6334 of 2025(2) dt.07-05-2025 3/3 stands disposed of.

(P. B. Bajanthri, J) ( S. B. Pd. Singh, J) abhishekkr/- U