Sunil Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10684 of 2023 ====================================================== Sunil Kumar Sinha Son of Ramanand Prasad, Resident of Village- Janakpur, Manpur, P.S. - Mufassil, District - Gaya.

... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Excise Department, Govt. of Bihar, Patna. 3.

The District Magistrate, Gaya, District - Gaya. 4.

The Suprindentent of Police, Gaya, District - Gaya. 5.

The Excise Superintendent, Gaya, District - Gaya. 6.

The Officer-In-Charge, Mufassil Police Station, Dist. - Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar, Advocate For the Respondent/s :

Mr. Kumar Manish ( SC 5 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 03-08-2023 In the instant petition, petitioner has prayed for the following reliefs:- "(i) For that this writ application is being file for issuance of writ in nature of certiorari for quashing the order dated 27.05.2023 passed by Exclusive Special Excise Court No. 1 Gaya by which rejected the application filed by the petitioner for releasing Tempoo (Autoricsa) bearing Reg.

No. BR02AA-9234.

(ii) For further issue direction to the respondents to release the seized tempoo bearing Reg. BR02AA-9234 which is running in the name of petitioner, which has been seized in Mufassil P.S. Case No.

714/2022, petition is ready to furnish

Patna High Court CWJC No.10684 of 2023(2) dt.03-08-2023 2/2 sufficient surities to the satisfaction to the concern court.

(iii) For further give other legal consequential benefit attached to the petitioner."

2. Insofar as first prayer is concerned writ is not maintainable against Excise Court's order dated 27.05.2023. Release of petitioner's tempo (auto rickshaw) bearing no. BR02AA-9234, there is no representation or application before the competent authority so as to issue writ of mandamus and to consider application of the petitioner by the competent authority. Accordingly, the present petition stands disposed off as not maintainable, reserving liberty to the petitioner to approach the concerned authority by making application or representation. If such application is submitted, the concerned authority is hereby directed to take note of Rule 12A of Bihar Prohibition and Excise Rules, 2021 and decide the grievance of the petitioner at the earliest.

(P. B. Bajanthri, J) Vikash/- (Jitendra Kumar, J) U