Md Shamsul Haque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9144 of 2024 ====================================================== Md Shamsul Haque Son of Md. Yusuf, resident of Village- Barhanpur, P.O.- Bakhra, P.S.- Saraiya, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

The Commissioner Excise, Tirhut, Muzaffarpur. 3.

The District Magisrate, Muzaffarpur.

4.

The Superintendent of Police, Muzaffarpur.

5.

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

For the Petitioner/s :

Mr. Dr. Bipin Chandra, Adv For the Respondent/s :

Mr. Anwar Karim, AC top GP 10 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) For the direction to the respondents to release the seized motorcycle vide its registeration no.

BR06DF-6516, Engine No.

AK3BP3104926, Chasis No.

Patna High Court CWJC No.9144 of 2024 dt.21-06-2024 2/3 MD626AK35P3B09322 in favour of the petitioner who is owner of the said Motorcycle which was seized in Saraiya P.S. Case No. 351 of 2023 under Section 30 (a), 37 of Bihar Prohibition and Excise Act .

(ii) For a direction to the respondents not to put the aforesaid motorcycle on auction sale during pendency of this writ petition."

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.9144 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