Juhi Kumari @ Juhi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14830 of 2023 ====================================================== Juhi Kumari @ Juhi Devi D/o Nagendra Nath Tiwari, W/o Narendra Kumar Pandey, Resident of Village-Repura, P.S.-Hathua, Dist.-Gopalganj. At present residing at Village-Semraha, P.S. Mirganj, Dist. Gopalganj. ... ... Petitioner/s

Versus

1.

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

2.

The Commissioner Excise, Government of Bihar, Patna. 3.

The Collector cum District Magistrate, Gopalganj. 4.

The Superintendent of Police, Gopalganj.

5.

The Officer In-charge, Hathua Police Station, P.S.-Hathua, DistrictGopalganj. 6.

The Investigating Officer of Hathua Police Station of Hathua P.S. Case No. 141/2023, P.S.-Hathua, District-Gopalganj.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Vikash Kumar (SC1- 1) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 03-11-2023 Heard learned counsel for the respective parties.

2. In the instant petition, petitioner has prayed for the following reliefs:- "(a) A writ in the nature of mandamus or any other appropriate writ, order/s direction/s commanding the respondents to release the Hero Splendor Motorcycle bearing registration number BR29-AD-2921, Chesis No.

MBLHAR073HHE46192 and Engine No.

HA10 AG HH E50079, seized in pursuance of

Patna High Court CWJC No.14830 of 2023(2) dt.03-11-2023 2/3 a case registered as Hathua P.S.

Case No. 141/2023 Under Section 30(a) of the Bihar Prohibition 2022. and Excise (Amendment) Act, 2022.

(b). For any other relief/s to which the petitioner is found entitled to."

3. For issuance of writ of mandamus two ingredients are mandatory namely demand before the competent authority, in other words, application or representation and duty cast on the public servant insofar as deciding the grievance of the petitioner. The first ingredient is not forthcoming in other words petitioner has not approached the concerned authority for the purpose of release of the subject matter of motor vehicle. In fact, Rule 12-A of Bihar Prohibition and Excise Rules, 2021 (for short 'Rules 2021) provides for submission of application. Therefore, the present writ petition stands disposed of as premature.

However, disposal of the present writ petition would not be a hurdle for the petitioner to approach the concerned authority while making application in the prescribed format for the purpose of release of the vehicle before the competent authority.

Patna High Court CWJC No.14830 of 2023(2) dt.03-11-2023 3/3 of receipt of petitioner's application.

4. Accordingly, the present writ petition stands disposed of.

(P. B. Bajanthri, J) ( Arun Kumar Jha, J) jyoti/- U