Pramila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10049 of 2025 ====================================================== Pramila Devi Wife of Suresh Ram Resident of Village- Gandbarpa, P.O.- Keelpur, P.S.- Guthani, District- Siwan.

... ... Petitioner/s

Versus

1.

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

The District Magistrate, Gopalganj.

3.

The Sub-Divisional Officer, Hathua, Distt.- Gopalganj. 4.

The Superintendent of Police, Gopalganj.

5.

The Officer-in-Charge, Mirganj Police Station, District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhramveer, Advocate For the Respondent/s :

Mr.Standing Counsel (01) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 31-07-2025 In the instant writ petition, the petitioner has prayed for the following relief(s):

"That this Civil Writ is being filed on behalf of the petitioner for direction upon the Respondents to release the seized Hero Splender Motorcycle of the petitioner bearing, Reg. No.BR29AZ-3099, Chesis No. MBLHAW210PHF09321, Engine No.HA11E7ΡΗ F46152, which is seized in connection with Mirganj P.S. Case No. 35 of 2025, dt. 20.1.2025, U/S 30 (a) of Bihar Prohibition & Excise Amendment Act, 2022 and U/S 317

(5) of BNS 2023."

2. In support of the aforementioned relief, there is no demand before the competent authority in particularly under Rule of 12A of the Bihar Prohibition and Excise Rules, 2021

Patna High Court CWJC No.10049 of 2025 dt.31-07-2025 2/2 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 instant writ petition for writ of mandamus is not maintainable or it is pre-mature. Accordingly, the instant writ petition stands disposed of as pre-mature.

4. Disposal of the instant writ 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.

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

(P. B. Bajanthri, J) (S. B. Pd. Singh, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01.08.2025 Transmission Date NA