Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11661 of 2023 ====================================================== Rahul Kumar, aged about 26 years (Male), son of Raja Rama Shahni, Resident of Malahi Pakri, P.S.-Kankarbagh, Distirct-Patna.... ... Petitioner/s

Versus

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

2. The Principal Secretary, Excise Department, Government of Bihar, Patna

3. The District Magistrate-cum-Collector, Patna.

4. The Senior Superintendent of Police, Patna.

5. The Sub-inspector of Police, Police Station-Naubatpur, District-Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Bihari Singh, Advocate For the Respondent/s :

Mr. Kumar Manish (SC5) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 22-08-2023 Heard learned counsels for the respective parties.

2. In the instant petition, petitioner has prayed for following reliefs:- "(i) To release the Swift Car Registration No. BR-01EW-0664, Chasis No. MA3CZFB3SLH6873873, Engine No. -K12NN9027847 of the petitioner, which was seized by the police of Naubatpur Police Station in connection with PTN No. 384 of 2023 arising out of Naubatpur P.S. Case No. 119 of 2023 registered under section 414, 420 of IPC and u/s 30(a) (ii) (iii), 36, 41(i)(ii) of Bihar Prohibition and Excise Act, 2022.

(ii) For any other appropriate relief/reliefs to which the petitioner found entitled in the facts and circumstances of the present

Patna High Court CWJC No.11661 of 2023(2) dt.22-08-2023 2/2 case."

3. For issuance of writ of mandamus two ingredients are necessary, namely, representation/ application before the competent authority and such competent authority is empowered to exercise statutory duty in considering the petitioner's grievance. The first ingredient is not forthcoming. Therefore, the present writ petition is not maintainable.

4. Accordingly, the present writ petition stands disposed of as not maintainable. Disposal of the writ petition would not be a hurdle for the petitioner to submit a detailed representation before the competent authority. If such a representation is submitted, the competent authority is hereby directed to take note of Rule 12 A of Bihar Prohibition and Excise Rules, 2021 and consider the petitioner's grievance within a reasonable period of time of two weeks from the date of receipt of petitioner's representation/application.

5. With the above observations, the present writ petition stands disposed of.

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