Sri Ram Tiwary v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16552 of 2024 ====================================================== Sri Ram Tiwary, Son of Ramadhar @ Ramadhar Tiwary, Resident of VillagePapaur, P.S. Sarai, District-Siwan. ... ... Petitioner.

Versus

1.

The State of Bihar, through the Principal Secretary, Department of Environment and Excise, Govt. of Bihar, Patna. 2.

The District Magistrate, Gopalganj.

3.

The Superintendent of Police, Gopalganj.

4.

The Officer-in-Charge, Kuchaikot Police Station, Dist. Gopalganj. ... ... Respondents.

====================================================== Appearance :

For the Petitioner :

Mr. Dhramveer, Advocate.

For the State :

Mr. Government Advocate (13).

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 29-10-2024 In the instant writ petition, the petitioner has prayed for the following relief(s):

"For direction/directions upon the Respondents to release the seized TVSXL100 motorcycle bearing Reg. No.BR28AC-4738, Chesis NO.MD621BPZXPZD11681, Engine NO.BP2DP200469 which is seized in connection in Kuchaikot P.S. Case No.110 of 2024, dt. 12.03.2024, U/S 30(a) of the Bihar Prohibition & Excise Amendment Act, 2018."

2. In support of the aforementioned relief, there is no demand before the competent authority in particularly under

Patna High Court CWJC No.16552 of 2024 dt.29-10-2024 2/2 Rule of 12A of the Bihar Prohibition and Excise Rules, 2021 read with amended sub Rule 2 of Rule 12A in the year 2022 and 2023.

3. In the absence of demand before the competent authority, the instant writ petition for writ of mandamus is not maintainable or it is pre-mature. Accordingly, the instant writ petition stands disposed of as pre-mature.

4. 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 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.

5. With the above observation, the instant writ petition stands disposed of.

(P. B. Bajanthri, J) ( S. B. Pd. Singh, J) P.S./- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.10.2024.

Transmission Date NA