Niraj Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15323 of 2023 ====================================================== Niraj Kumar Ram S/O- Munnilal Ram, Vill Kolua, PS Duraudha, Dist.- Siwan ... ... Petitioner/s

Versus

1.

The State of Bihar Through Principal secretary, Excise Deparment. Government of Bihar, Patna.

2.

The District Magistrate, Gopalganj.

3.

The Superintendent of Police, Gopalganj.

4.

The station house officer, Phulwariya, Distt.- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Kumar Manish, SC 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 01-12-2023 Heard learned counsels for the respective parties.

2. There is delay of two days in re-filing after rectifying the office objections. The delay stands condoned.

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

"That this writ petition is being filed for issuance of a direction/order an appropriate writ for directing the

Patna High Court CWJC No.15323 of 2023 dt.01-12-2023 2/3 respondent authorities to release of vehicle Bazaj city 100 motor cycle vide Registration no. BR29AK9659 of petitioner which has been seized at Balathari check post , Ps - Kochaikote, Distt. Gopalganj in Kochaikote PS Case No. 396/2023 allegation under section 30 (a) of Bihar prohibition Excise Act 2018 for recovery = Total 9 litre bonty babli counter made liquor."

4. 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 who is empowered to exercise statutory duty in considering the petitioner's grievance. Therefore, writ petition is not maintainable.

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

6. 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 and sub-Rule 2 of Rule 12 A of (Amended) Rules, 2023. 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

Patna High Court CWJC No.15323 of 2023 dt.01-12-2023 3/3 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) ( Ramesh Chand Malviya, J) GAURAV S./- AFR/NAFR NAFR CAV DATE NA Uploading Date 05.12.2023 Transmission Date NA