Vinay Kumar @ Vinay Sah @ Vinod Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14354 of 2023 ====================================================== Vinay Kumar @ Vinay Sah @ Vinod Sah Son of Anoop Sah, Resident of VillageSahebganj, P.S. Sahebganj, District-Muzaffarpur. ... ... Petitioner/s

Versus

1.

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

2.

The Superintendent of Excise, Gopalganj.

3.

The Inspector, Excise, Gopalganj.

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

For the Petitioner/s :

Mr. Dhramveer, Advocate For the Respondent/s :

Mr. Kumar Manish, SC 5 Ms. Shama Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 17-10-2023 Heard learned counsels for the respective parties.

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

"That this Writ application is being filed on behalf of the petitioner in the nature of Writ/Writs, order/orders, Direction/Directions upon the respondents to release the seized vehicle Bolero Car baring Reg. No. BR06DE-2502, which is seized in connection with Excise P.S. Case No. 742 of 2023, U/S 30 (a) of the Bihar Prohibition and Excise Act, 2018."

3. The aforementioned relief is not supported by demand like representation or application in the prescribed form under Rule 12 - A of the Bihar Prohibition and Excise Rules, 2023 (here-

Patna High Court CWJC No.14354 of 2023 dt.17-10-2023 2/2 inafter referred to as 'Rules, 2023'). In the absence of such demand or application before the competent authority, the present writ petition is not maintainable.

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

5. Disposal of the present writ petition would not be a hurdle for the petitioner to file an application under Rule 12 - A of the Rules, 2023 within a period of four weeks from today. If such an application is filed, the concerned authority is hereby directed to examine the same and decide within a reasonable period of time.

6. The concerned authority is also hereby directed to take note of pendency of the confiscation proceedings and if the confiscation proceedings has not been concluded as on today, the grievance of the petitioner shall be considered insofar as releasing of the vehicle under Rule 12 - A of the Rules, 2023. (P. B. Bajanthri, J) ( Arun Kumar Jha, J) GAURAV S./- AFR/NAFR NAFR CAV DATE NA Uploading Date 19.10.2023 Transmission Date NA