Dhananjay Srivastava v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13214 of 2023 ====================================================== Dhananjay Srivastava S/o Shiv Murat Lal Srivastava R/o 1871, Belwadandi, Gandhi Nagar Basti, Uttar Pradesh-272001.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Secretary, Excise Department, Govt. of Bihar, Patna.
2.
The Principal Secretary Department of Excise, Govt. of Bihar, Patna. 3.
The District Magistrate, Gopalganj.
4.
The S.H.O. Kuchaikote, Police Station, Gopalganj. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Noushad Khan, 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:
"For issuance of an appropriate writ commanding and directing the respondents to release the seized MARUTI SUZUKI INDIA LTD, Model BALENO SIGMA, Variant- BS 6 BZR4AL 100/MARUTI VITARA BALENO SIGMA 1.2L ISS 5MT, 1197.00 CC, body type RIGID (PASSENGER CAR) (color) PRME CELESTIAL BLUE PETROL,
Patna High Court CWJC No.13214 of 2023 dt.22-09-2023 2/3 bearing Regd. No. UP-51BF-1025, Engine No. K12NP7044455, Chassis No MBHHWB13SND148069 in connection with Kuchaikote P.S. Case No. 298/2023, dated 18.06.2023, instituted for the offences under sections 30(a) Bihar Prohibition and Exise Amendment Act 2018.
(ii) For issuance of any other relief/reliefs as your lordship may deem fit and proper which the petitioners may find entitled with the facts and circumstances of the present case in the favour of the petitioner above named."
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
Patna High Court CWJC No.13214 of 2023 dt.22-09-2023 3/3 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 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