Laveneet Kamboj @ Lavnit Kamboj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13842 of 2023 ====================================================== Laveneet Kamboj @ Lavnit Kamboj Son of Rajkumar Kamboj, Resident of C- 12, 13, Tejpal Singh Inclve, P.S.- Meerut, District- Meerut (Uttar Pradesh). ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Nawada.

3.

The Excise Superintendent, Nawada.

4.

The Excise Inspector-cum-SHO, Excise Police Station, Nawada. 5.

The Assistant Excise Sub-Inspector namely Ramakant Ram, Check Post Rajouli, Nawada.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Man Mohan Kumar, Advocate For the Respondent/s :

Mr. Vikash Kumar (SC- 11) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 27-09-2023 Heard learned counsel for the respective parties.

2. In the instant petition, petitioner has prayed for the following reliefs:- "(i) For issuance of writ in the nature of mandamus directing and commanding the respondents to release the Tata Tiago vehicle of the petitioner bearing Registration No. UP15DU-6811 in favour of the petitioner which has been seized in Nawada Excise P.S. Case No. 370 of 2023 at Rajouli Check Post on dated 19.04.2023.

Patna High Court CWJC No.13842 of 2023 dt.27-09-2023 2/2 (ii) For any other relief/reliefs to which the petitioner may be entitled to."

2. Writ petition is not mainatable in view of the fact that petitioner has failed to approach the concerned authority before filing the present petition in respect of seeking writ of mandamus under Article 226 of the constitution. In the absence of demand before the competent authority read with the statutory duty vested in the concerned respondent, this court cannot issue writ of mandamus. Accordingly, the present petition stands disposed of as not maintainable.

3. Disposal of the present petition would not be a hurdle for the petitioner to submit an application in the prescribed form for the purpose of release of the vehicle under Rule 12-A of the Bihar Prohibition and Excise Rules, 2021. In the alternative petitioner is at liberty to participate in the confiscation proceedings. The concerned authorities are hereby directed to expedite the matter in terms of the provision of law. (P. B. Bajanthri, J) Vikash/- (Arun Kumar Jha, J) AFR/NAFR NAFR CAV DATE N/A Uploading Date Transmission Date N/A