Sudheer Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7014 of 2024 ====================================================== Sudheer Kumar S/o- Shiv Sankar Sah Resident of Neuri Jhapaha, P.S.- Ahiyapur, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

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

2.

The Additional Chief Secretary, Excise Department, Govt. of Bihar, Patna. 3.

The Excise Commissioner, Head Quarter, Bihar, Patna. 4.

District Magistrate, Gopalganj.

5.

The Superintendent of Police, Gopalganj.

6.

The Superintendent of Police Excise, Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Adarsh Ranjan, Advocate For the Respondent/s :

Mr. Government Pleader ( 23 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 25-04-2024 In the instant petition, petitioner has prayed for the following relief(s):- "A. For issuance of an appropriate writ/writs, order/orders in the nature of Mandamus directing the respondents to release and discharge the property from any charges lebelled on the Car Registration no. BR-31-AP-2482 which has been wrongly seized by Police in connection with Mohammadpur P.S.

Case No. 184/2023 instituted on dated 31.07.2023 for the offences alleged under sections 30(a) of the Bihar Prohibition and Excise Amendment Act, B. For issuance of any other relief/reliefs to which the petitioners are found

Patna High Court CWJC No.7014 of 2024(2) dt.25-04-2024 2/3 entitled under the facts and circumstances of the present case."

2. The alleged offence is stated to have been committed on 31.07.2023 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. BR-31-AP-2482 (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.

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

Patna High Court CWJC No.7014 of 2024(2) dt.25-04-2024 3/3 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