Harindra Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17007 of 2023 ====================================================== Harindra Shah Son of Ram Balak Sah, R/o Vill Piyaranta, P.S.-Bhore, District-Gopalganj.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Gopalganj.

3.

The Superintendent of Police, Gopalganj.

4.

The Officer-in-Charge, Phulwaria Police Station, District-Gopalganj. ... ... 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 RAMESH CHAND MALVIYA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 05-12-2023 In the instant petition, petitioner has prayed for the following relief(s):

"...for direction/directions upon the Respondent to release to seized Motorcycle of the petitioner bearing Hero HF Deluxe, Reg. No. BR28V 8967, Chassis No. MBLHAW03XK4E17525, Engine No.

HA11ENK14023, which is seized in connection with Phulwaria P.S. Case No.332/23 dated 14.09.2023 u/s 30(a) of the Bihar Prohibition & Excise Act, 2018."

2.

For issuance of writ of mandamus under Article 226 of the Constitution of India, there must be a demand

Patna High Court CWJC No.17007 of 2023(2) dt.05-12-2023 2/2 on behalf of the aggrieved party like petitioner. Undisputedly, petitioner has not approached the concerned authority in demanding the release of the subject matter of motor vehicle. Therefore, the petitioner's petition is premature. Accordingly, the present petition stands disposed of as premature. 3.

Disposal of the present petition would not be a hurdle for the petitioner to invoke remedy under Rule 12-A of the Bihar Prohibition and Excise Rules, 2021 read with subRule 2 of the Rule 12-A of the Bihar Prohibition and Excise Rules, 2021 (Amendment Rules 2023). If such application is submitted in the prescribed form before the competent authority, the competent authority is hereby directed to decide the grievance of the petitioner in accordance with law within a period of two weeks from the date of receipt of the petitioner's application.

4.

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

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