Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16357 of 2023 ====================================================== Pradeep Kumar, S/O Ram Sajeevan @ Ram Sajeevan Choudhary R/O Vill.- Lohrauli, P.S.- Purani Basti, Dist.- Basti, State- Uttar Pradesh. ... ... Petitioner/s

Versus

1.

The State of Bihar through the principal Secretary, Department of Excise, at Patna.

2.

The Commissioner Excise,Bihar at Patna.

3.

The District Magistrate Muzzaffarpur 4.

The Superintendent of Police Muzzaffarpur.

5.

The Excise Inspector, Muzzaffarpur.

6.

The S.H.O, Excise Police Station, Muzzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Ranjan No.II, Advocate For the Respondent/s :

Mr. Kumar Manish (Sc5) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 28-11-2023 In the instant petition, petitioner has prayed for following relief(s):

"(1) That this writ application is directed for issuance of appropriate writ for commanding the respondents to release the Truck bearing Registration no. UP-51AT-0611 which has been seized by the respondents in connection with Excise P.S. Case No. 1032/2023 registered for the offence u/s 10 of Bihar Molasses (control) Act, 1947 and section 30(c), 32(iii) of Bihar Prohibition and Excise Act, 2016 instituted on 16.05.2023."

2. For the purpose of issuance of writ of mandamus

Patna High Court CWJC No.16357 of 2023(2) dt.28-11-2023 2/2 to the public authority, petitioner has to satisfy two ingredients namely demand and statutory duty vested with the public authority. The first ingredient is not forthcoming, therefore, the present writ petition is not maintainable and it is premature.

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

4. Disposal of the present petition would not be a hurdle for the petitioner to invoke appropriate remedy before the competent authority while invoking Rule 12-A of Bihar Prohibition and Excise Rules, 2021 read with Sub-Rule (2) of Rule 12-A (amended) Rules, 2023 in the prescribed Form be submitted within a period of two weeks from today. On receipt of such application, the competent authority is hereby directed to pass a detailed speaking order. If any penalty is required to be imposed, in that event, petitioner shall be heard in respect of invoking sub-rule 2 of Rule 12-A (amended) Rules, 2023 and decide within a period of four weeks from the date of receipt of application to be filed.

(P. B. Bajanthri, J) ( Ramesh Chand Malviya, J) manish/- U