Jahari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5585 of 2024 ====================================================== Jahari Devi, W/o Late Prasadi Yadav, Resident of Village- Pesara Jhiti, P.S.- Khaira, District- Jamui.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Excise, Govt. of Bihar, Patna.

2.

The Excise Commissioner, Patna.

3.

The District Magistrate, Jamui 4.

The Superintendent of Police, Jamui.

5.

The S.H.O Khaira P.S., District Jamui.

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

For the Petitioner/s :

Mr.Umesh Prasad For the Respondent/s :

Mr.Government Pleader (25) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 03-04-2024 In the instant petition, petitioner has prayed for the following reliefs:- "(I) For a direction to the respondents to release of Glamour Motorcycle bearing Registration No. BR46K 4789 Chassis No. MBLJAW153LGH00169, Engine No. JA07ACL-GH00045 in favour of the petitioner who is owner of the said Glmour Motorcycle which was seized in Khaira P.S. Case No. 60/2021 dated 02.03.2021 u/s 272,

Patna High Court CWJC No.5585 of 2024 dt.03-04-2024 2/3 273/34 I.P.C. and 30 (d) of Bihar Prohibition and Excise Act.

(ii) For a direction to the respondents not to put the aforesaid motorcycle on auction sale during pendency of this writ petition.

(iii) Any other relief or reliefs."

2. In support of 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 present writ petition for writ of mandamus is not maintainable or it is pre-mature. Accordingly, the present petition stands disposed of as pre-mature.

4. Disposal of the present 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.5585 of 2024 dt.03-04-2024 3/3

5. With the above observation, the present petition stands disposed of.

(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) manish/- AFR/NAFR NAFR CAV DATE NA Uploading Date 04.04.2024 Transmission Date NA