Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10965 of 2024 ====================================================== Mukesh Kumar S/o- Nafe Singh R/o Vill.-Naina, P.s.-Pundri, Dist.-Kaithal, Haryana.

... ... 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 Kuchaikot Police Station, District-Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harendra Prasad, Advocate For the Respondent/s :

Mr. Standing Counsel (10) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 24-07-2024 Heard learned counsels for the respective parties.

2. In the instant writ petition, petitioner has prayed for the following relief/reliefs:

"a. For That this civil writ application is being filed for commanding and directing the respondent authorities to release the Swift Dezire Car of the petitioner bearing original Reg. no. Reg. no. HR64A3170 and he has every valid document for the same But Police has Write wrong Reg. No. BR31AR4684 of said car in the F.I.R remaining engine and chassis number are same to the F.I.R. and the manipulated Reg. no. is

Patna High Court CWJC No.10965 of 2024 dt.24-07-2024 2/3 BR31AR-4684 and having Chesis no. MBHCZFB3SNG289651, Engine no. - K12NP4122863, seized by KUCHAIKOT Police Station, Gopalganj in connection with Kuchaikot P.S. case No. 434/23 registered u/s - 420, 467, 468, 34 of IPC and 30(a) of Bihar Excise Act, in favor of the petitioner or his representative.

b. Any other relief/s to which the Petitioner is entitled in the facts and circumstances of the case."

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 of the Constitution 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,

Patna High Court CWJC No.10965 of 2024 dt.24-07-2024 3/3 the competent authority shall pass speaking order within a period of two weeks from the date of receipt of such application.

6. If the confiscation proceedings has attained finality, in that event, petitioner is permitted to prefer appeal before the appellate authority.

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

(P. B. Bajanthri, J) (Alok Kumar Pandey, J) GAURAV S./- AFR/NAFR NAFR CAV DATE N A Uploading Date 25.07.2024 Transmission Date NA