Arbind Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8124 of 2024 ====================================================== Arbind Kumar Singh Son of Bhagirathi Singh Resident of Village- Bargaon Ghugha Tola, P.S.- Mairwa, District- Siwan ... ... Petitioner/s

Versus

1.

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

2.

The Excise Commissioner, Bihar, Patna.

3.

The district Magistrate, Siwan.

4.

The Superintendent of Police, Siwan.

5.

The Superintendent of Excise, Siwan.

6.

The S.H.O. Siwan Muffasil Police Station, District- Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Tiwary, Advocate For the Respondent/s :

Mr.Standing Counsel 01 ====================================================== 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 a writ in the nature of mandamus or any other appropriate writ or writs directing the respondents to release the four wheeler vehicle Scorpio of the petitioner bearing registration No.BR29PA-0509, Engine No.SJF4E14321, Chassis No. MA1TA2SJXF2E37348 belongs to the petitioner, which has been seized in Siwan Muffasil Police Station Case No.28 of 2024 for the alleged recovery of 631.41 litres

Patna High Court CWJC No.8124 of 2024(2) dt.17-05-2024 2/3 English wine for which neither the notice has been issued for initiation of confiscation proceeding nor confiscation proceeding has been initiated till date so far the best of knowledge of the petitioner."

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.

Patna High Court CWJC No.8124 of 2024(2) dt.17-05-2024 3/3

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