Ashok Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14836 of 2023 ====================================================== Ashok Singh Son of Late Babban Singh Resident of Village-Khawajepur, P.S.-Jadipur, District-Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Prohibition and Excise, Government of Bihar, Patna. 2.

The District Magistrate, Gopalganj.

3.

The Superintendent of Excise, Gopalganj.

4.

The Sub-Inspector, Excise and Prohibition, Excise Police Station, DistrictGopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhramveer, Advocate For the Respondent/s :

Mr. Vikash Kumar (SC-11) ====================================================== 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:- "That this Civil Writ application is being filed on behalf of the petitioner for direction upon the Respondents to release the Hundai Creta car of the petitioner Reg. no.

B.R. 28T -7725, Engine No.

DUFCJM592370, chesis No.

MALC28IRLJM424982 which is seized in connection with Gopalganj Excise P.S. Case No. 936/23, dt.

Patna High Court CWJC No.14836 of 2023(2) dt.03-11-2023 2/3 09.09.2023, registered U/S 30 (a) of the Bihar Prohibition & Excise Act, 2018."

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. Under Rule 12- A of Rules, 2021, if such application is submitted, the competent authority is hereby directed to examine the grievance of the petitioner and redress the same, in accordance with law within a period of two weeks from the date of receipt of petitioner's application.

4. Accordingly, the present writ petition stands

Patna High Court CWJC No.14836 of 2023(2) dt.03-11-2023 3/3 disposed of.

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