In a writ petition under Article 226 for release of a seized vehicle, the Patna High Court held the matter was premature because no demand had been issued by the competent authority under Rule 12A of the Bihar Prohibition and Excise Rules, making the writ jurisdiction inapplicable at this stage.
The instant writ petition stands disposed of as premature.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 14655 of 2024
======================================================
Kapil Tripathi S/o Arvind Tripathi R/o-H-12 Vijay Vihar Phase-1, P.S. Rohini in the District of North West Delhi.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Sudhanshu Prakash, Advocate For the Respondent/s : Mr.Deepak Sahay Jamuar, AC to AAG4 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE SHASHI BHUSHAN PRASAD SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
2 04-10-2024 Heard learned counsels for the parties.
2. In the instant writ petition, petitioner has prayed for
the following relief(s):-
i. For issuance of a writ of Mandamus or any other appropriate order/orders, direction/directions directing the respondents to release the vehicle of the petitioner which is a Daytona Gray coloured PUNCH Car having Registration No. DL11CE3948, Engine No. REVTRN20PWXMR1450 and Chassis No. MAT634059PPPM5436 owner name Kapil Tripathi which has been seized by the State officials under
Patna High Court CWJC No. 14655 of 2024(2) dt.04-10-2024 2/3
the Naurangiya P.S. Case No. 52 of 2024 under Section 30(a) of the Bihar Prohibition and Excise (amendment) Act, 2022;
ii. For direction may be given for disposal of present case in light of the Hon’ble Patna High Court’s decision in Sunaina Vs State of Bihar (CWJC No. 7920 of 2023)
iii. For any other order/orders, relief/reliefs for which the petitioner may be entitled in the eyes of law.
3. In support of the aforementioned relief, there is no demand before the competent authority, in particularly, under Rule 12 A of the Bihar Prohibition and Excise Rules, 2021 read with amended sub Rule 2 of Rule 12 A in the year 2022 and 2023.
4. In the absence of demand before the competent authority, the instant writ petition filed for direction under Article 226 for a writ of mandamus is not maintainable or it is premature. Accordingly, the instant writ petition stands disposed of as premature.
5. Disposal of the instant writ 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
Patna High Court CWJC No. 14655 of 2024(2) dt.04-10-2024 3/3
period of two weeks from the date of receipt of such application.
6. If the confiscation proceedings of the subject
matter of vehicle has attained finality, in that event, petitioner is at liberty to prefer an appeal before the appropriate authority.
7. With the above observation, instant writ petition
stands disposed of.
(P. B. Bajanthri, J)
( Shashi Bhushan Prasad Singh, J)
Ankit Kumar/-
U
2 issues framed by the court
Whether a writ petition for release of seized vehicle is maintainable in absence of a demand under Rule 12A of Bihar Prohibition and Excise Rules.
Whether the writ petition filed under Article 226 for quashing seizure is premature due to non-compliance with prescribed quantum proceedings.
Colour shows how this judgement treated each authority
Sunaina Vs State of BiharReferred¶22
Sunaina Vs State of Bihar (CWJC No. 7920 of 2023)
2 provisions across 2 enactments
Kapil Tripathi
The State of Bihar through Secretary Excise and Prohibition Department
The Excise Commissioner
The District Magistrate
The Superintendent of Police
The Superintendent of Excise
P. B. Bajanthri
Shashi Bhushan Prasad Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
