Sanjay Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9614 of 2024 ====================================================== Sanjay Chauhan S/o- Virendra Mahto R/o - Vill. - Kuchaikote, P.S. kuchaikote Dist. - Gopalganj.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the principal Secretary, Department of Excise, Patna - Bihar.

2.

The District Mgistrate, Gopalganj.

3.

The Superintendent of Excise Department, Gopalganj. 4.

The Officer in charge - kuchaikote, PS, Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shubhesh Pandey, Advocate For the State :

Mr. Ajay Bihari Sinha, GA 8 Mr. Suryakant Kumar, AC to GA 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 08-07-2024 Heard learned counsels for the parties.

2. In the instant writ petition, petitioner has prayed for the following relief/reliefs:

"(a) For issuance of appropriate writ directing and commanding the respondent authorities to release the motorcycle of the Petitioner, Bearing Registration No. BR-28-AC6758, Chassis No. - MD2B97FX4NCF19311, Engine/ Motor No. PDXCNF90311, Bajaj Pulsar N

Patna High Court CWJC No.9614 of 2024 dt.08-07-2024 2/3 250 motorcycle has been seized by the Respondent Police officials of the Kuchaikote Police Station of district Gopalganj. In a case bearing kuchaikote P.S. case Number 479 of 2023 for the alleged offences u/s 30 (a) of the Bihar Prohibition and Excise Act, 2018, in favor of the petitioner by handing it over to him or his representative. (b) For the issuance of any other Relief/Relief's to which the petitioner may found entitled to in the facts and circumstances of the present facts and circumstances of the case in favor of the petitioner."

3. In support of the aforementioned relief, there is no demand before the competent authority, in particularly, under Rule 12 A of the Bihar Prohibition and Excise Rules, 2021 read with amended sub Rule 2 of Rule 12 A in the year 2022 and 2023.

4. In the absence of demand before the competent authority, the instant writ petition filed for direction under Article 226 for a writ of mandamus is not maintainable or it is premature. Accordingly, the instant writ petition stands disposed of as premature.

5. Disposal of the instant writ petition would not be a hurdle for the petitioner to invoke remedy under Rule 12A of

Patna High Court CWJC No.9614 of 2024 dt.08-07-2024 3/3 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.

6. If the confiscation proceedings of the subject matter of vehicle has attained finality, in that event, petitioner is at liberty to prefer an appeal before the appropriate authority.

7. With the above observation, instant writ petition stands disposed of.

(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) GAURAV S./- AFR/NAFR NAFR CAV DATE NA Uploading Date 11.07.2024 Transmission Date NA