Babudatt v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13128 of 2023 ====================================================== Babudatt Son of Sri Harkesh, Resident of village- Rampur Bangr, P.O.- Mathia Sriram, P.S.- Tarya Sujan District- Kushinagar, Uttar Pradesh-274409. ... ... Petitioner/s

Versus

1.

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

The District Magistrate, Gopalganj.

3.

The Superintendent of Police, Gopalganj.

4.

The Station House Officer, Kuchaikote Police Station, District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Upendra Yadav, 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 : 22-09-2023 Heard learned counsels for the respective parties.

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

"A) To issue a writ in the nature of mandamus directing/commanding the Respondents to release without number Hero MotoCorp Splendor+ Motorcycle having Engine No. HA11EVPHA34847, Chasis No.- MBLHAW112PHA74867 in favour of Petitioner which has been seized in connection with Kuchaikote

Patna High Court CWJC No.13128 of 2023 dt.22-09-2023 2/3 P.S. Case No. 124/2023 registered under Section 30(a) of Bihar Prohibition and Excise Act, 2018.

B) Any other relief/s, which this Hon'ble Court may deem fit and proper in the facts and circumstances may also be granted."

3. The present writ petition is not maintainable for issuance of writ of mandamus or direction to the concerned authority in the absence of demand like representation or application before the competent authority which is empowered to exercise statutory duty in considering the petitioner's grievance. Therefore, writ petition is not maintainable.

4. Accordingly, the present writ petition stands disposed of as not maintainable.

5. Disposal of the present writ petition would not be a hurdle for the petitioner to submit a detailed application/representation in the prescribed form before the competent authority in the light of Rule 12 A of Bihar Prohibition and Excise Rules, 2021. If such application is submitted, the concerned authority is hereby directed to take note of and decide the petitioner's application/representation within a period of two weeks from the date of receipt of such application/representation, such consideration is subject to confiscation of proceedings, if any. In other words, petitioner's

Patna High Court CWJC No.13128 of 2023 dt.22-09-2023 3/3 right is protected to pursue confiscation proceedings, in accordance with law. (P. B. Bajanthri, J) ( Arun Kumar Jha, J) GAURAV S./- AFR/NAFR NAFR CAV DATE NA Uploading Date 26.09.2023 Transmission Date NA