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Patna High CourtCWJC/16145/2023disposed

Shubham Kumar v. The State Of Bihar

2023-11-10Mr. Justice P. B. Bajanthri,Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16145 of 2023 ====================================================== Shubham Kumar, Son of Kedar Rai, Resident of Vilage-Bhairopatti, Police Station-Mirganj, District-Gopalganj.

... ... Petitioner/s

Versus

1.

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

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

3.

The Collector-Cum-District Magistrate, Gopalganj. 4.

The Superintendent of Police, Gopalganj.

5.

The S.H.O. Fulwariya, P.S.-District-Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Prakash Singh, Advocate For the Respondent/s :

Mr.Md. Raisul Haque, SC-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 10-11-2023 In the instant petition, the petitioner has prayed for issuance of writ of mandamus under Article 226 of the Constitution of India. There must be a demand before the competent authority for the purpose of redressing the grievance of the petitioner the same is not forthcoming. Further, there must be a public duty or statutory duty vested with the concerned authority/respondent. These two things have not been made out in the pleadings. Therefore, the present petition is not maintainable.

Patna High Court CWJC No.16145 of 2023 dt.10-11-2023 2/2

2. Accordingly, writ petition stands dismissed. Dismissal of the petition would not be a hurdle for the petitioner to invoke remedy before the appropriate authority under Rule 12(A) of the Bihar Prohibition and Excise Rules, 2021 in the prescribed Form. If such application is submitted, the concerned Authority is hereby directed to decide the grievance of the petitioner within a period of two weeks from the date of receipt of such application.

3. With the above observation, present petition stands disposed of.

(P. B. Bajanthri, J) ( Ramesh Chand Malviya, J) manish/- AFR/NAFR NAFR CAV DATE NA Uploading Date 24.11.2023 Transmission Date NA