Subhash Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13045 of 2023 ====================================================== Subhash Ray Son of Rajendra Ray Resident of Village-Suraudha, P.S.- Baniyapur, District-Saran at Chapra.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, department of Excise, New Secretatiat, Bihar, Patna.

2.

The Distirct Magistrate, Saran at Chapra.

3.

The Superintendent of Police, Saran at Chapra. 4.

The Officer-in-Charge of Baniyapur Police Station, Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the Respondent/s :

Mr. Kumar Manish, SC 5 ====================================================== 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:

"That the petitioner craves indulgence of this Hon'ble Court for issuance of an appropriate writ in the nature of mandamus, direction the respondents to release the four wheeler vehicle (Maruti Swift) having Registration No. BR01BK-7284, Engine No. D13A0254218, Chassis No. MA3FHE-

Patna High Court CWJC No.13045 of 2023 dt.22-09-2023 2/3 B1S00264554 seized in connection with Baniyapur P.S. Case No. 100/2023, registered for the offence punishable under Section 30 (a) of Bihar Prohibition and Excise Act."

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/representation 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

Patna High Court CWJC No.13045 of 2023 dt.22-09-2023 3/3 other words, petitioner's 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