Janardan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12698 of 2024 ====================================================== Janardan Singh Son of Late Rameshwar Singh, Resident of Mohalla- 18, Hanuman Tekri, Post Office and Police Station and District- Deoghar, StateJharkhand. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Excise Department, Government of Bihar, Patna.
2.
The District Magistrate, Begusarai, District- Begusarai, Bihar. 3.
The Senior Superintendent of Police, Begusarai, District- Begusarai. 4.
The Excise Inspector, Begusarai, District- Begusarai. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arbind Kumar, Advocate For the Respondent/s :
Mr.Government Pleader 26 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 31-08-2024 In the instant petition, petitioner has prayed for the following reliefs:- "That, this is an application for issuance of appropriate writ(s)/ direction(s) to the Respondents for release of the vehicle of the petitioner in his favour which is a Truck (Full Body) bearing Registration No. NL01AB0368, Engine No. 71J84469152, Chassis No. MAT
Patna High Court CWJC No.12698 of 2024 dt.31-08-2024 2/3 466602 H5J 13332 which has been seized in connection with Nowkothi Police Station Case No. 188 of 2023 dated 28.12.2023 for the offences punishable under Section 120(B) of Indian Penal Code and 30(a), 32, 41 Bihar Prohibition and Excise Act 2016 and for which a Confiscation proceeding is pending in the Court of learned the District Magistrate, Begusarai till date."
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 such application.
Patna High Court CWJC No.12698 of 2024 dt.31-08-2024 3/3
5. With the above observation, the present petition stands disposed of.
(P. B. Bajanthri, J) (Alok Kumar Pandey, J) alok/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 05.09.2024.
Transmission Date N/A