Mamata Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19534 of 2024 ====================================================== Mamata Devi, Wife of Tuntun Kumar Ram Resident of Village Bagahwa Misir PS Bhore District Gopalganj.

... ... Petitioner

Versus

1.

The State of Bihar through the 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, Mirganj Police Station, Dist.- Gopalganj ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhramveer, Advocate For the Respondent/s :

Mr. Rajesh Kumar, AC to GP-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 17-01-2025 In the instant petition, petitioner has prayed for the following reliefs:- "(1.) That this Civil Writ application is being filed on behalf of the petitioner for direction upon the Respondents to release the seized Hero Splendor motorcycle, bearing, Reg. No. BR29AA2699, Chesis No. MBLHA10CGGHH31891, Engine No. HA10ERGHH43024, which is seized in connection with Mirganj P.S. Case No. 328 of 2024

Patna High Court CWJC No.19534 of 2024 dt.17-01-2025 2/3 dt. 01.08.2024 U/S 317(5) of BNS 2023 & U/S 30(a) of Bihar Prohibition & Excise Act, 2018."

2. In support of aforementioned relief there is no demand before the competent authority in particularly under 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 present writ petition for writ of mandamus is not maintainable or it is pre-mature. Accordingly, the present petition stands disposed of as pre-mature.

4. Disposal of the present 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. If the confiscation of the vehicle has attained finality, in that event, petitioner is at liberty to prefer an appeal before the appropriate authority.

Patna High Court CWJC No.19534 of 2024 dt.17-01-2025 3/3

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

(P. B. Bajanthri, J) ( Sunil Dutta Mishra, J) manish/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.01.2025 Transmission Date NA