Yogendra Thakur @ Jogendra Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 11107 of 2023 ====================================================== Yogendra Thakur @ Jogendra Thakur BEGA THAKUR Resident of Village -Bodhchhapar, P.S.-Gopalpur, District-Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Excise Department, Government of Bihar, Patna.

2.

The Director General of Police, Bihar, Patna. 3.

The Excise Commissioner, Bihar, Patna.

4.

The Inspector General of Police, Bihar, Patna. 5.

The District Magistrate/ Collector, Gopalganj. 6.

The Superintendent of Police, Gopalganj.

7.

The Excise Superintendent of Police, District-Gopalganj. 8.

The Officer-in-Charge of Excise Police Station, District-Gopalganj. 9.

The Investigating Officer of Excise P.S. Gopalganj Case No. 395/2023 Dated-08.04.2023, Excise Police Station, Distirct-Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Javed Aslam, Advocate For the Respondent/s :

Ms Supragya, 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) A writ in the nature of mandamus or any other appropriate writ/writs, order/orders, direction commanding the respondents for the following :- (i) To release the Hero Glamour Motorcycle bearing Registration No

Patna High Court CWJC No.11107 of 2023(2) dt.10-08-2023 2/3 BR28V8707, Chassis No MBLJAW084K9D01141, Engine No JA06EHK9D16955 in favour of the petitioner, which was seized in connection with Excise P S Gopalganj Case No 395 of 2023 dated 08.04.2023 registered for the offence under Section 30 (a) of the Bihar Prohibition and Excise Act 2016 and Amendment Act 2018.

(B) To any other relief/reliefs for which the petitioner found entitled to."

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

Patna High Court CWJC No.11107 of 2023(2) dt.10-08-2023 3/3 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