Kusum Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15023 of 2024 ====================================================== Kusum Devi W/o Prabhu Baitha Resident of Village- Darjipatti, P.S.- Kateya, District- Gopalganj.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Excise Department, Govt. of Bihar, Patna.

2.

The District Magistrate-cum- Collector, Gopalganj. 3.

The Superintendent of Police, Gopalganj.

4.

The Officer-In-Charge (S.H.O.), Kateya Police Station, Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vyas Kumar Mishra, Advocate For the Respondent/s :

Mr. K.P. Gupta, GP 10 Mr. Satya Vrat, AC to GP 10 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE SHASHI BHUSHAN PRASAD SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 04-10-2024 Heard learned counsels for the respective parties.

2. In the instant writ petition, petitioner has prayed for the following reliefs - "(i) For issuance of an appropriate writ/order/direction commanding and directing the respondents to release the TVS Apache vehicle of the petitioner bearing Chasis No.- MD634BE85P2N11805, Engine No.- AE8NP2X11603 Registration No. BR28AE4957 on 29.05.2024 by the police in connection with Kateya P.S. Case No.- 21 of 2024 for the offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. (ii) For any further issuance of

Patna High Court CWJC No.15023 of 2024(2) dt.04-10-2024 2/2 writ(s), order(s), direction(s) as your lordships may be deem fit and proper."

3. The petitioner has also filed application under Rule 12 A of the Bihar Prohibition and Excise Rules, 2021 (for short 'the Rules, 2021'), therefore, the concerned authority is hereby directed to decide the petitioner's application under Rule 12 A of the Rules, 2021 read with amended sub-Rule 2 of Rule 12 A in the year 2022 and 2023 within a period of one week from the date of receipt of this order and communicate the decision to the petitioner forthwith.

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

(P. B. Bajanthri, J) (Shashi Bhushan Prasad Singh, J) Raj/GauravU