Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8353 of 2024 ====================================================== Pawan Kumar Son of Chaneshwar Prasad, Resident of Vilage- Paharpur, P.S. Kuchaikote, District- Gopalganj.

... ... Petitioner/s

Versus

1.

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

The District Magistrate, Gopalganj.

3.

The Superintendent of Police, Gopalganj.

4.

The Inspector, Excise Police Station, Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Prasad Gupta, Advocate For the Respondent/s :

Mr.Government Pleader (20) ====================================================== 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 writ application is being filed by the petitioner for issuance of an appropriate writ/ writs, direction/ directions or order/ orders for commanding the respondents to release the TVS Apache Motorcycle bearing Registration No. BR- 06AJ-7558, Chassis No.

MD634KE44D2F99161 and Engine No.

OE4FD2488031 which was brought by the petitioner from the owner of the vehicle through sale letter dated 14.09.2021 and the said Apache Motorcycle was seized by Excise Police Gopalganj and registered Gopalganj

Patna High Court CWJC No.8353 of 2024(2) dt.17-05-2024 2/3 P.S. Excise F.I.R. No. 204 of 2024 dated 03.03.2024 for alleged offence U/S 30(a) of the 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

Patna High Court CWJC No.8353 of 2024(2) dt.17-05-2024 3/3 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