Mohan Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18435 of 2023 ====================================================== Mohan Sahni Son of Rajendra Sahni Resident of Village-Mahamadpur Sura, P.S.-Gaighat, District-Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary Excise Department. 2.

The District Magistrate, Muzaffarpur.

3.

The S.H.O. of Piar Police Station, District-Muzafarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nachiketa Jha, Advcoate For the Respondent/s :

Mr. Government Pleader 26 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 08-01-2024 In the instant writ petition, the petitioner has prayed for the following relief(s):

"(i) A writ in the nature of mandamus or any other appropriate writ, order/orders, direction/directions to commanding the respondent to release, Motorcycle (Hero Delux) bearing Registration No.

BR06DC8472 of petitioner in his favour which has been seized by Piar Police Station in Piar P.S. Case No.151/2023 dated 27.07.2023, registered for the offence under section 30(a) Bihar Prohibition and Excise Amendment Act

Patna High Court CWJC No.18435 of 2023 dt.08-01-2024 2/3 2018, forthwith.

(ii) To any other relief/reliefs for which petitioner is found entitled to."

2. The alleged offence is stated to have been committed on 27.07.2023 and as on today, the confiscation proceedings have not attained finality. That apart, the petitioner has not approached the concerned authority in seeking release of the subject matter of the motor vehicle bearing Registration No. BR06DC8472 (Hero Delux). The petitioner has remedy of submission of application under Rule 12A of the Bihar Prohibition and Excise Rules, 2021 read with amended sub Rule 2 of Rule 12A in the year 2022 and 2023. Before invoking the aforementioned provisions and approaching the concerned authority, the petitioner has rushed to this Court. Be that as it may, even there is no representation. For seeking writ of mandamus, there must be a demand before the competent authority. At the same time, duty is cast on the concerned public authority. The first ingredient of demand before the competent authority is not forthcoming.

3. Accordingly, the present writ petition is premature and it stands disposed of as not maintainable.

4. Disposal of the present writ petition would not be

Patna High Court CWJC No.18435 of 2023 dt.08-01-2024 3/3 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 before the competent authority in the prescribed form, the concerned authority is hereby directed to consider the petitioner's grievance within a period of two weeks from the date of receipt of such application.

5. With the above observations, the present writ petition stands disposed of.

(P. B. Bajanthri, J) ( Ramesh Chand Malviya, J) Mayank/- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.01.2024 Transmission Date NA