Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9155 of 2024 ====================================================== Ravi Kumar S/o Manjul Sah, R/o Kuchaikote, P.S.- Kuchaikote, DistrictGopalganj, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary Excise and Prohibition Department Gov. of Bihar, Patna.

2.

The Excise Commissioner, Bihar, Patna.

3.

The District Magistrate, Gopalganj, Bihar 4.

The Superintendent of Police, Gopalganj, Bihar 5.

The Superintendent of Excise, Gopalganj, Bihar 6.

The SHO, Gopalganj Police Station, Gopalganj, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sumit Shekhar Pandey For the Respondent/s :

Mr.Government Pleader (16) ====================================================== 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, petitioner has prayed for the following relief(s):- "I. For issuance of a writ in the any other appropriate order/orders, direction/directions directing the respondents to release the vehicle of the petitioner which is a pearl-white coloured TVS Apache motorcycle having Registration No. BR 28X 5525, Engine No:- AE8HL2117373 and Chassis No.

MD634AE89L2H18592 which has been seized by the State officials under the Kuchaikote P.S. Case NO. 479/2023 u/s 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018; and or ii. For any other order/orders, relief/reliefs for which the petitioner may be entitled in the eyes of law."

Patna High Court CWJC No.9155 of 2024 dt.21-06-2024 2/3

2. The alleged offence is stated to have been committed on 21.09.2023 today, the confiscation proceedings have not attained finality. That apart, the petitioner has not approached the concerned authority in seeking release of the subject matter of the motor vehicle bearing Registration No. BR 28X 5525, (motorcyclepearl-white coloured TVS Apache motorcycle ). The petitioner has remedy of submission of application under Rule 12 A of the Bihar Prohibition and Excise Rules, 2021 read with amended sub Rule 2 of Rule 12 A in the year 2022 and 2023. Before invoking the aforementioned provisions and approaching the concerned authority, the petitioner has rushed to this Court. Be that as it may, even there is no representation. For seeking writ of mandamus, there must be a demand before the competent authority. At the same time, duty is cast on the concerned public authority. The first ingredient of demand before the competent authority is not forthcoming.

3. Accordingly, the present writ petition is pre-mature and it stands disposed of as not maintainable.

4. Disposal of the present writ petition would not be a hurdle for the petitioner to invoke remedy under Rule 12 A of Bihar Prohibition and Excise Rules, 2021 including amended provisions in the year 2022 and 2023. If such application is

Patna High Court CWJC No.9155 of 2024 dt.21-06-2024 3/3 submitted before the competent authority in the prescribed form, the concerned authority is hereby directed to consider the petitioner's grievance within a period of two weeks from the date of receipt of such application under Rule 12 A of Bihar Prohibition and Excise Rules, 2021 including amended provisions in the year 2022 and 2023.

5. With the above observation, the present writ petition stands disposed of.

(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) krishnakant/- AFR/NAFR NAFR CAV DATE NA Uploading Date 25.06.2024 Transmission Date NA