Ashraf Ali v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8365 of 2024 ====================================================== Ashraf Ali son of Jahid Ali resident of Village- Ward No.-6, Shivalay Road Jatav Pachore, P.S.- Rajgarh, District- Indore Madhya Pradesh ... ... Petitioner/s

Versus

1.

The State of Bihar, through the Principal Secretary, Excise Department, Patna, Bihar 2.

The Collector/District Magistrate Vaishali at Hajipur 3.

The Superintendent of Police Vaishali at Hajipur 4.

The Excise Superintendent Vaishali at Hajipur 5.

The Excise Inspector Vaishali at Hajipur 6.

The Officer-in-Charge Bhagwanpur P.S.- Vaishali at Hajipur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok, Advocate For the Respondent/s :

Mr.Pankaj Kumar, SC-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 17-05-2024 In the instant petition, petitioner has prayed for the following reliefs:- "That this is an application for issuance of an appropriate writ, order or direction directing the respondent concern to release the vehicle Tata Motor Truck (12 wheeler) bearing registration No. MP09HG7090 in favour of the petitioner which has been seized in connection with Bhagwanpur P.S. Case No.123/2023 instituted for the offence u/s 420, 467, 468,

Patna High Court CWJC No.8365 of 2024(2) dt.17-05-2024 2/3 471, 414, 120(B) I.P.C. and 30(a), 32(i)(ii), 36, 41(i)(ii) Bihar Prohibition and Excise Amendment Act 2018."

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

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 this order.

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

6. If the confiscation of the vehicle has attained finality, in that event, petitioner is at liberty to prefer an appeal

Patna High Court CWJC No.8365 of 2024(2) dt.17-05-2024 3/3 before the appropriate authority under Section 92 of the Bihar Prohibition and Excise Act, 2016.

(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) tusharika/- U