Ajay Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6705 of 2024 ====================================================== Ajay Kumar Yadav, son of Singasan Yadav, resident of Village-Mahakampur Bara, P.S.-Muffasil, District-Bhojpur.

... ... Petitioner/s

Versus

1.

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

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

3.

The District Magistrate, Buxar.

4.

The Superintendent of Police, Buxar.

5.

The Superintendent of Excise, Buxar.

6.

The S.H.O. Barhmpur Police Station, District-Buxar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mohit Shriwastava, Advocate For the Respondent/s :

Mr. Sudama Kunwar, AC to SC-12 ====================================================== 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) For release of the petitioner's vehicle (Hero Super Splendour) bearing Registration No. UP-54AD-3892, Chassis No. MBLJAR030J9E65393, Engine No.

JA05EGJ9E16108 which has been seized in connection with Barhmpur (Nanijor) P.S. Case No.

Patna High Court CWJC No.6705 of 2024 dt.22-04-2024 2/3 905 / 2022 dated 24.12.2022, registered for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act.

(ii) For any other relief/reliefs for which the petitioner may deem entitled to."

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.6705 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 N.A Uploading Date 23.04.2024 Transmission Date N.A