Ramji Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9140 of 2024 ====================================================== Ramji Ram Son of Singasan Ram, Resident of Village- Bari Ishar Tola Domha, P.S.- Hathua, District- Gopalganj.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Excise Department, Government of Bihar, Patna.
2.
The Director General of Police, Bihar, Patna. 3.
The Excise Commissioner, Bihar, Patna.
4.
The Inspector General of Police, Bihar, Patna. 5.
The District Magistrate/Collector, Gopalganj. 6.
The Superintendent of Police, Gopalganj.
7.
The Excise Superintendent of Police, District- Gopalganj. 8.
The Officer-in-Charge of Phulwariya Police Station, District- Gopalganj. 9.
The Investigating Officer of Phulwariya P.S. Case No. 107/2024 dated14.03.2024, Phulwariya Police Station, District-Gopalganj. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Javed Aslam, Adv For the Respondent/s :
Mr. Standing Counsel (6) 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:
Patna High Court CWJC No.9140 of 2024 dt.21-06-2024 2/3 "(i) To release the Pulsar Motorcycle bearing Registration No.
BR28V-4570, Chasis No.
MD2A11CY2KRL05663, Engine No.
DHYRKL77092, in favour of the petitioner, which was seized in connection with Phulwariya P.S. Case NO. 107/2024 dated 14.03.2024 registered for the offence under Section 30 (a) of the Bihar Prohibition and Excise Act 2018.
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.9140 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