Kripa Kumar Sahni @ Kripa Kumar Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10676 of 2024 ====================================================== Kripa Kumar Sahni @ Kripa Kumar Sahani S/o Jalandhar Shani @ Jalandhar Sahni Resident of village - Salehpur, P.S- Bisambharpur, District- Gopalganj. ... ... Petitioner/s
Versus
1.
The State of Bihar through the principal secretary, Bihar Prohibition and Excise Department, Bihar Patna.
2.
The District- Magistrate, Gopalganj.
3.
The Superintendent of Police, Gopalganj.
4.
The officer in charge of Uchkagaon police station, District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saurabh Kumar, Advocate For the Respondent/s :
Dr. Md. Raisul Haque, SC 10 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 22-07-2024 Heard learned counsels for the respective parties.
2. In the instant writ petition, petitioner has prayed for the following relief/reliefs:
"a. For issuance of appropriate writ in the nature of mandamus & certiorari for commanding and directing the respondent authorities to release the Hero Splendor plus Motor-cycle of the petitioner bearing Reg. no. BR28Z8628 and having Chessis no.
MBLHAW114MHM66127, Engine no.
HA11EVMHM40378, seized by Bishambharpur,
Patna High Court CWJC No.10676 of 2024 dt.22-07-2024 2/3 Gopalganj in connection with Bishambharpur P.S. case No. 213/23 registered u/s 30(a) of Bihar Excise Amendment Act 2022, in favor of the petitioner of his representative.
b. For the issuance of any other relief / reliefs to which the petitioner may found entitled to in the facts and circumstances of the case in favour of the petitioner."
3. In support of the aforementioned reliefs, there is no demand before the competent authority, in particularly, 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.
4. In the absence of demand before the competent authority, the instant writ petition filed for direction under Article 226 for a writ of mandamus, is not maintainable or it is premature. Accordingly, the instant writ petition stands disposed of as premature.
5. Disposal of the instant 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 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.10676 of 2024 dt.22-07-2024 3/3
6. If the confiscation proceedings of the subject matter of vehicle has attained finality, in that event, petitioner is at liberty to prefer an appeal before the appropriate authority.
7. With the above observation, instant writ petition stands disposed of.
(P. B. Bajanthri, J) ( G. Anupama Chakravarthy, J) GAURAV S./- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA