Shambhu Dayal Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Shambhu Dayal Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief granted: writ petition disposed of as premature and not maintainable; petitioner left free to submit a Rule 12B application (authority to consider it within two weeks) and, if confiscation has attained finality, to appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016.

Issue for consideration

Whether the writ petition seeking mandamus for unlocking/release of the petitioner's sealed two-storey house is maintainable, given that the petitioner did not first submit an application under Rule 12B of the Bihar Prohibition and Excise Rules, 2021 (read with amended sub-rule 2, 2022) to the competent authority, i.e., the first ingredient of demand before the competent authority is absent.

Court's answer

The writ petition is premature and stands disposed of as not maintainable, because the petitioner bypassed the Rule 12B remedy and made no demand/application before the competent authority, the first ingredient of a mandamus claim.

Ratio / Principle

Disposal of the petition is no hurdle to the petitioner invoking Rule 12B of the Bihar Prohibition and Excise Rules, 2021 (including the 2022 amendments); if a prescribed-form application is submitted before the competent authority, that authority is directed to consider the petitioner's grievance within two weeks from receipt of such application.

Key takeaways

If the confiscation proceedings concerning the petitioner's residential house have attained finality, the petitioner is at liberty to file an appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016 before the appellate authority.obiter¶25

Detailed headnote1 paragraphs

Patna High Court, CWJC No.18779 of 2024 (decision 11-12-2024; oral judgment by P.B. Bajanthri, J, bench incl. S.B. Pd. Singh, J): petitioner Shambhu Dayal sought a writ of mandamus for unlocking/release of his two-storey house (Katha No.4, Kheshra No.138, Area 0.14 decimal, Gulzarbagh, Patna) seized and sealed on 13.07.2024 by respondent authorities in connection with Excise P.S., Patna F.I.R. No.1123/2023 under sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act. The Court held the petition premature and disposed of it as NOT MAINTAINABLE: the petitioner had rushed to the High Court without first making a demand/application under Rule 12B of the Bihar Prohibition and Excise Rules, 2021 (read with amended sub-rule 2, amended 2022) before the competent authority, and the first ingredient of demand for a mandamus was therefore absent. Disposal is no bar to invoking Rule 12B (incl. 2022 amendments); upon submission of a prescribed-form application the competent authority is directed to consider the grievance within two weeks of receipt. If confiscation proceedings over the residential house have attained finality, the petitioner may appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016 before the appellate authority. No precedent cited.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18779 of 2024

======================================================

Shambhu Dayal, Son of Ram Chandra Prasad, Resident of Khroniya Bagicha, Sahara Road, Gulzarbagh, P.O. and P.S.-Gulzarbagh, District-Patna, Bihar800007.

... ... Petitioner

Versus

The State of Bihar through the Principal Secretary/Additional Chief Secretary, Department of Registration and Prohibition of Excise Department, Government of Bihar, New Secretariat, Patna.

The District Magistrate, Patna.

The Superintendent of Police, Patna.

The S.H.O. Excise P.S., Patna.

... ... Respondents

====================================================== Appearance : For the Petitioner/s : Mr. Vibhuti Kumar, Advocate Ms. Shilpi Singh, Advocate For the Respondent/s : Mr. Government Pleader (2)

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 11-12-2024

In the instant writ petition, the petitioner has prayed

for the following relief(s):

“ (i) For issuance of writ in the nature of Mandamus directing and commanding the respondent authority to unlocking/ release of the seal property/house of the petitioner (i.e. Two story building) situated in 1 Katha No.4, Kheshra No.138, measuring Area 0.14 decimal which was Building 2 story) which was

Patna High Court CWJC No.18779 of 2024 dt.11-12-2024 2/3

seized in connection with Excise P.S. Patna F.I.R. No.1123/2023 under section 30(a) and 56(b) of Bihar Prohibition and Excise Act on dated 13.07.2024 by respondent authorities.”

2. The petitioner has remedy of submission of application under Rule 12B of the Bihar Prohibition and Excise Rules, 2021 read with amended sub Rule 2 of Rule 12B in the year 2022. 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 instant writ petition is premature and it stands disposed of as not maintainable.

4. Disposal of the instant writ petition would not be a hurdle for the petitioner to invoke remedy under Rule 12B of Bihar Prohibition and Excise Rules, 2021 including amended provisions in the year 2022. If such application is submitted before the competent authority, in the prescribed form, the concerned authority is hereby directed to consider the

Patna High Court CWJC No.18779 of 2024 dt.11-12-2024 3/3

petitioners’ grievance within a period of two weeks from the date of receipt of such application.

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

6. If the confiscation proceedings of the residential house of the petitioner has attained finality in that event petitioner is at liberty to file an appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016 before the appellate authority.

(P. B. Bajanthri, J)

( S. B. Pd. Singh, J)

manish/-

AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	12.12.2024
Transmission Date	NA