Binod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9137 of 2024 ====================================================== Binod Kumar Son of Sitaram Prasad, Resident of Village- Tetariya- Khurd, P.S.- Barachatti, District- Gaya.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Gaya, Bihar.

3.

The Senior Superitendent of Police, Gaya, Bihar. 4.

The Officer Incharge, Barachatti Police Station, District- Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Singh, Adv For the Respondent/s :

Mr. Government Pleader (2) 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) That this is an appliaction for issuance of appropriate writ(s), direction(s) to the respondent for release of the vehicle of the petitioner in his favour which is one Glamour Motorcycle bearing Registration No BR02V- 0720

Patna High Court CWJC No.9137 of 2024 dt.21-06-2024 2/3 Chasis No. MBLJA06AFDGH00869 and Engine No. JA06ELDGH00842 which has been seized in Barachatti P.S. Case No.

186/2024 dated 27.03.2024 instituted for the offence U/ss 30 (a) of Bihar Prohibition and Excise Act, 2016 on 27.03.2024 and for which neither any Confiscation proceeding has been initiated nor any notice in this regard has been issued or served to the petitioner till date."

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.9137 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