Rajesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9161 of 2024 ====================================================== Rajesh Chaudhary S/o Bitoran Chaudhary, R/o Village- Bal Bangra, P.S.- Daraunda, District- Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar Through Principal Secretary Department of Excise Department, Govt. of Bihar.

2.

The District Magistrate, Siwan.

3.

The Superintendent of Police, Siwan.

4.

The Officer-in-charge, Pachrukhi police station, Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. K. Singh, Adv For the Respondent/s :

Mr.Standing Counsel (28) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 21-06-2024 In the instant petition, the petitioner has prayed for the following reliefs:

"(i) This writ application is being filed for issuance of appropriate writ in the nature of mandamus commanding and direction the respondent authorities to release the Honda Shine moto' bearing Registration No.

BR29AK1859 seized by Pachrukhi Police in connection with Pachrukhi Police station case no. 339 of 2023 registered under section 30 (a), 41 (I) and 37 of Bihar Prohibition Excise Act, 2016 in favour of the petitioner or his representative the vehicle in question has been seized with allegedly 60.700 ltr of

Patna High Court CWJC No.9161 of 2024 dt.21-06-2024 2/3 country made liquor and foreign liquor the case is presently pending in the court of learned Exclusive Special Judge, Excise, Court No. 1 Siwan.

(ii) For the issuance of any other relief/reliefs to which the petitioner may found entitled to in the facts and circumstances of the present facts and circumstances of the case in favour of the petitioner."

2. In support of such relief there is no demand before the competent authority in particularly under Rule of 12 A 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 this order.

Patna High Court CWJC No.9161 of 2024 dt.21-06-2024 3/3

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

(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) Jyoti/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 25.06.2024 Transmission Date N/A