Akhilesh Kumar Shahi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14921 of 2024 ====================================================== Akhilesh Kumar Shahi S/o Dinesh Shahi R/o Balthari, P.S.- Kuchaikote, District-Gopalganj, Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary Excise and Prohibition Department Gov. 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, Gopalganj Police Station, Gopalganj, Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sumit Shekhar Pandey For the Respondent/s :

Mr.Standing Counsel (6) ====================================================== 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 parties.

2. In the instant writ petition, petitioner has prayed for the following relief(s):- "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 Maruti Suzuki Wagonr vehicle having Registration No. UP 52 BA 0769, Engine No.

Patna High Court CWJC No.14921 of 2024(2) dt.04-10-2024 2/3 K10BN8251932 and Chassis No.

MA3JMT31SKE155876 which has been seized by the State officials under the Gopalpur P.S. Case No. 128/2024 u/s 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018 dated 09.06.2024; And/or ii. For any other order/orders, relief/reliefs for which the petitioner may be entitled in the eyes of law."

3. In support of the aforementioned relief, there is no demand before the competent authority, in particularly, under Rule 12 A of the Bihar Prohibition and Excise Rules, 2021 read with amended sub Rule 2 of Rule 12 A in the year 2022 and 2023.

4. In the absence of demand before the competent authority, the instant writ petition filed for direction under Article 226 for a writ of mandamus is not maintainable or it is premature. Accordingly, the instant writ petition stands disposed of as premature.

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

Patna High Court CWJC No.14921 of 2024(2) dt.04-10-2024 3/3 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.

6. If the confiscation proceedings of the subject matter of vehicle has attained finality, in that event, petitioner is at liberty to prefer an appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016 before the appropriate authority. If such appeal is filed, it is to be considered at the earliest.

(P. B. Bajanthri, J) (Shashi Bhushan Prasad Singh, J) Raj Ranjan/- U