Amod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6458 of 2024 ====================================================== Amod Kumar, Son of Ambika Prasad Resident of Village - Mateya Khas, Police Station - Kuchaikot, District - Gopalganj. ... ... 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 Collector, Gopalganj, District - Gopalganj. 4.

The Superintendent of Police, Gopalganj.

5.

The Sub Inspector Excise, Balthari Check Post, Gopalganj, District - Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Priya Raj, Advocate For the Respondent/s :

Mr. Md. Zeeshan Kalim, 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 : 22-04-2024 In the instant petition, petitioner has prayed for the following reliefs:- "(I) That this is an application for issuance of writ(s), order(s), direction(s) upon the respondents to release the vehicle bearing Registration No. BR28G-5207, Mahindra Bolero having Chasis No. MA1XA2GHKD5K67835, Engine No. GHD4K63357 which has been seized

Patna High Court CWJC No.6458 of 2024 dt.22-04-2024 2/3 in connection with Gopalganj Excise P.S. Case No. 239/2024 dated 14.03.2024 under section 30(a) of Bihar Prohibition of Excise Act 2018 in favour of the petitioner as he is the real and registered owner of the seized vehicle."

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.

5. With the above observation, the present petition

Patna High Court CWJC No.6458 of 2024 dt.22-04-2024 3/3 stands disposed of.

(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) manish/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.04.2024 Transmission Date N.A