Surendra Prasad @ Surendra Pd. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6002 of 2025 ====================================================== Surendra Prasad @ Surendra Pd. Son of Rajdev Prasad Resident of Village - Bhagwanpur, Post - Gheghwa, P.S. - Bhagwanpur, District - East Champaran, Motihari.

... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Registration, Excise and Prohibition Department, Govt. of Bihar, Patna.

3.

The Collector-Cum- District Magistrate, Saran. 4.

The Superintendent of Police, Saran.

5.

The S.H.O. Excise P.S., District-Saran.

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

For the Petitioner/s :

Mr.Adarsh Ranjan, Advocate For the Respondent/s :

Mr.Gyan Prakash Ojha, GA-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 14-05-2025 In the instant petition, petitioner has prayed for the following relief:- "1. That the present Writ application has been filed for issuance of an appropriate Writs, Orders and Directions for the following Reliefs:-(1). For a Direction upon the Respondents, particularly Respondent No. 3 to 5 Release the Tata Tigor Car bearing Reg. No. BR06DQ-5680, Chassis No.

Patna High Court CWJC No.6002 of 2025(3) dt.14-05-2025 2/3 MAT637060RKB18972, Engine No.

REVTRN19BVXK29848 in favour of the Petitioner which was seized in connection with Excise P.S. Case No. 103 of 2024 dated 26.04.2024 registered U/S 30 (a) of Bihar Prohibition and Excise Amendment Act 2022.

(II). For any other relief or reliefs as the Petitioner may found entitled by this Hon'ble Court be given."

2. In support of the aforementioned relief, there is no demand before the competent authority particularly under Rule 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 issuance of 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 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.

Patna High Court CWJC No.6002 of 2025(3) dt.14-05-2025 3/3

5. With the above observation, the instant writ petition stands disposed of.

(P. B. Bajanthri, J) (S. B. Pd. Singh, J) ranjan/saurav U