Mohammad Harun @ Haroon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13837 of 2024 ====================================================== Mohammad Harun @ Haroon, S/o Mohammad Illiyas, R/o-House No. -156, Fazalpura, Bhajeda Kalan, P.S.-Kappur-pur, District-Ghaziabad, Uttar Pradesh.

... ... Petitioner.

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, Kuchaikote Police Station, Gopalganj, Bihar. ... ... Respondents.

====================================================== Appearance :

For the Petitioner :

Mr. Md Danish Quamar, Advocate.

For the State :

Mr. S.D. Yadav, AAG-9.

Mr. Braj Bhushan Mishra, AC to AAG-9.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 13-09-2024 In the instant writ petition, the petitioner has prayed for the following relief(s):

"i. For issuance of a writ in the any other appropriate order/orders, direction/ directions directing the respondents to release the vehicle of the petitioner which is Creta 1.6 SX Plus Petrol Car having Registration No.HR-05-AS-1643, Engine No.-G4FGGU846338 and

Patna High Court CWJC No.13837 of 2024 dt.13-09-2024 2/3 ChassisNo.MALC381CMGM131285*G which has been seized by the State officials under the Kuchaikote P.S. Case No.117 of 2024 U/s 30(a)/32(2)/41(1) of the Bihar Prohibition and Excise Amendment Act, 2022 dated 18.03.2024 and for any other relief. The petitioner has been in serious trouble as the said vehicle of the petitioner has been kept idle. In these conditions, the intervention of this Hon'ble Court is warranted in the interest of justice.

And/or Pass such other order/orders, relief/reliefs for which the petitioner may be entitled in the eyes of law."

2. In support of the 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 instant writ petition for writ of mandamus is not maintainable or it is pre-mature. Accordingly, the instant writ petition stands disposed of as pre-mature.

4. Disposal of the instant writ petition would not be a

Patna High Court CWJC No.13837 of 2024 dt.13-09-2024 3/3 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 application.

5. With the above observation, the instant writ petition stands disposed of.

(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) P.S./- AFR/NAFR NAFR CAV DATE NA Uploading Date 13.09.2024.

Transmission Date NA