Laxman Singh Dhaked v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14327 of 2024 ====================================================== Laxman Singh Dhaked S/o Vishambhar Dayal Dhaked, R/o- 33A, Dadu Coloney Jagatpura, P.S.- Jagatpura, Dist- Jaipur, Rajasthan. ... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary, Excise and Prohibition Department, Govt. of Bihar, Patna.

2.

The Excise Commissioner, Bihar, Patna.

3.

The District Magistrate, Gopalganj, Bihar.

4.

The Superintendent of Police, Gopalganj, Bihar. 5.

The Superintendent of Excise, Gopalganj, Bihar. 6.

The SHO, Excise Police Station, Kuchaikote, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudhanshu Prakash, Adv.

For the Respondent/s :

Mr. S.D Yadav, AAG-9 :

Mr. Braj Bhushan Mishra (AC to AAG9) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 26-09-2024 In the instant petition, petitioner has prayed for the following reliefs:- " (i) For issuance of a writ of Mandamus or any other appropriate order/orders, direction/directions directing the respondents to release the vehicle of the petitioner which is a Gravity 14074Grey coloured SELTOS Car having Registration No. DL-10-CP7322, Engine No. G4FLMV136434 and Chassis No. MZBEP812LMN212205 which has been seized by the State officials under the Kuchaikote P.S. Case

Patna High Court CWJC No.14327 of 2024 dt.26-09-2024 2/3 No. 277/2024 u/s 30(a) of the Bihar Prohibition and Excise (amendment) Act, 2018;

(ii) For direction may be given for disposal of present case in light of the Hon'ble Patna High Court's decision in Sunaina Vs State of Bihar (CWJC No.

7920/2023) and Binit Kumar Son Vs The State of Bihar (CWJC No. 4040/2023) case."

2. In support of aforementioned relief, there is no demand before the competent authority in particularly under Rule of 12A of the Bihar Prohibition and Excise Rules, 2021 read with amended sub Rule 2 of Rule 12A in the year 2022 and 2023.

3. In the absence of demand before the competent authority, the present writ petition for writ of mandamus is not maintainable or it is pre-mature. Accordingly, the present petition stands disposed of as pre-mature.

4. Disposal of the present petition would not be a hurdle for the petitioner to invoke remedy under Rule 12A of Bihar Prohibition and Excise Rules, 2021 including amended provisions in the year 2022 and 2023. If such application is submitted in the prescribed form before the competent authority, the competent authority shall pass speaking order within a period of two weeks from the date of receipt of such

Patna High Court CWJC No.14327 of 2024 dt.26-09-2024 3/3 application.

5. With the above observation, the present petition stands disposed of.

(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) Amandeep/Alok AFR/NAFR NAFR CAV DATE NA Uploading Date 30.09.2024 Transmission Date NA