Butai Mahto @ Butai Mohar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 11067 of 2023 ====================================================== Butai Mahto @ Butai Mohar Mahto Son of Mohar Mahto Resident of VillageMangalpur, Budhwaliya, Police Station-Nautan District-West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Registration, Excise and Prohibition Department Government of Bihar, Patna. 2.

The Chief Secretary, Department of Home Affairs Patna. 3.

The District Magistrate, West Champaran at Bettiah. 4.

The Superintendent of Police, West Champaran at Bettiah. 5.

The Officer in Charge of Nautan Police Station District-West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Anant Kumar Mishra, Advocate For the Respondent/s :

Ms Suprogya, AC to GP VII ====================================================== CORAM: HONOURABLE MR JUSTICE P B BAJANTHRI and HONOURABLE MR JUSTICE JITENDRA KUMAR ORAL ORDER (Per: HONOURABLE MR JUSTICE P B BAJANTHRI) 10-08-2023 In the instant petition, the petitioner has prayed for the following reliefs:

"(a) To direct the respondent authorities to release TVS Star motorcycle bearing registration No BR22AY5221, Chassis No MD625AK23N1C51400, Engine No CK2CN1451498 seized by police in connection with Nautna Police Station Case No 696 of 2022. (b) For any other relief/reliefs for which petitioner is found entitled in the facts and circumstances of this case."

2 Having regard to the relief sought in the present petition and the fact that the petitioner has not submitted any

Patna High Court CWJC No.11067 of 2023(2) dt.10-08-2023 2/2 petition/representation or the application before the competent authority in so far as the releasing of the subject matter of the motor vehicle, the present writ petition is not maintainable. 3 Accordingly, this petition stands disposed of as not maintainable.

4 Disposal of the present petition would not be a hurdle for the petitioner to submit a detailed representation or application before the Competent authority within a period of two weeks from today. If such representation or application is submitted before the competent authority, the competent authority is hereby directed to pass speaking order within a period of three weeks from the date of receipt of application. The competent authority is hereby directed to take note of Rule 12-A of the Bihar Prohibition and Excise Rules, 2021 while deciding the petitioner's application.

(P B Bajanthri, J) (Jitendra Kumar, J) M.E.H./- U