Ravi Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9196 of 2024 ====================================================== Ravi Sharma S/o Angad @ Angad Sharma, R/o Vill-Dewas, P.S. Mahendragarh, Dist-Mahendragarh, Haryana.
... ... Petitioner/s
Versus
1.
The State of Bihar through Secretary, Excise and Prohibition Department, Govt. of Bihar, Patna.
2.
The Excise Commissioner, Bihar, Patna.
3.
The District Magistrate, Gopalganj, Bihar.
4.
The Superintendent of Police, Gopalganj, Bihar. 5.
The Superintendent of Excise, Gopalganj, Bihar. 6.
The SHO, Kuchaikote Police Station, Gopalganj, Bihar. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sudhanshu Prakash, Advocate For the Respondent/s :
Mr. Sarvesh Kumar Singh (AAG- 13) : Mr. Rajat Kumar Tiwary (AC to AAG-13) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 21-06-2024 In the instant petition, petitioner has prayed for the following relief(s):- "i. For issuance of Writ of Certiorari quashing the order dated passed by the SDM, Gopalganj in confiscation (Excise) Case No. 23/2024, whereby he has declined to release the said VENUE Car;
ii. For directing the SDM, Gopalganj to release the Car bearing registration no.
HR-34-M-5429 for Polar White coloured VENUE Car having Engine No.- G4LANM266253 and Chassis No.
MALFA81BLNM373474 which is lying in the Kuchaikote Police Station,
Patna High Court CWJC No.9196 of 2024(2) dt.21-06-2024 2/3 Gopalganj in the favour of the petitioner forthwith.
iii. For direction may be given for disposal of present case in light of the Hon'ble Patna High Court's decision in Sunaina Vs State of Bihar (CWJC No.7920/2023) and Binit Kumar Son Vs The State of Bihar (CWJC No.4040/2023) case.
iv. For any other order/orders, relief/reliefs for which the petitioner may be entitled in the eyes of law."
2. The alleged offence is stated to have been committed on 17.01.2024 and as on today, the confiscation proceedings have not attained finality. That apart, the petitioner has not approached the concerned authority in seeking release of the subject matter of the motor vehicle bearing Registration No. HR-34-M-5429 (VENUE Car). The petitioner has remedy of submission of application 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. Before invoking the aforementioned provisions and approaching the concerned authority, the petitioner has rushed to this Court. Be that as it may, even there is no representation. For seeking writ of mandamus, there must be a demand before the competent authority. At the same time, duty is cast on the concerned public authority. The first ingredient of demand before the competent authority is not forthcoming.
Patna High Court CWJC No.9196 of 2024(2) dt.21-06-2024 3/3
3. Accordingly, the present writ petition is premature and it stands disposed of as not maintainable.
4. Disposal of the present 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 before the competent authority in the prescribed form, the concerned authority is hereby directed to consider the petitioner's grievance within a period of two weeks from the date of receipt of such application under Rule 12A of Bihar Prohibition and Excise Rules, 2021 including amended provisions in the year 2022 and 2023.
5. With the above observation, the present writ petition stands disposed of.
(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) amitkumar/- U