Balbir Lohiya @ Balbir Singh Lohiya Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Balbir Lohiya @ Balbir Singh Lohiya Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether the petitioner's prayer for release of his seized vehicle (Hyundai Venue, Regn. No. UP 16 DL 5140) can be entertained by way of a writ petition, or whether it is premature in the absence of a specific written demand/application before the competent authority under Rule 12-A of the Bihar Prohibition and Excise Rules 2021 read with the Amended Rules 2022 and 2023.

Court's answer

The relief sought (release of the seized vehicle) is premature in the absence of any specific demand before the competent authority in writing; the prescribed course is submission of an application under Rule 12-A of Bihar Prohibition and Excise Rules 2021 read with the Amended Rules 2022 and 2023, and in the absence of such an application the present petition is premature.

Ratio / Principle

Disposal of the petition will not be a hurdle to the petitioner invoking the remedy under Rule 12-A of Bihar Prohibition and Excise Rules 2021 read with the Amended Rules 2022 and 2023 within two weeks; and if such an application is submitted, the concerned authority is directed to pass a detailed speaking order within three weeks from the date of receipt of such application.

Detailed headnote1 paragraphs

Patna High Court, Civil Writ Jurisdiction Case No.2921 of 2024, decided 19-02-2024 (Coram: P. B. Bajanthri and Alok Kumar Pandey, JJ.; order per P. B. Bajanthri, J.). The petitioner sought a writ of mandamus directing release of his Hyundai Venue car (Regn. No. UP 16 DL 5140) seized in connection with Gaya Prohibition and Excise Police Station Case Number 1875/23 dated 26.10.2023, registered for offences under sections 30(a), 32(3) and 37 of the Bihar Prohibition and Excise (Amendment) Act of 2018 and 2022. Held, per P. B. Bajanthri, J.: the relief was premature in the absence of any specific demand before the competent authority in writing, since the statute provides a specific remedy by way of application under Rule 12-A of the Bihar Prohibition and Excise Rules 2021 read with the Amended Rules 2022 and 2023. The petition was accordingly disposed of as premature, without prejudice to the petitioner moving an application under Rule 12-A within two weeks; upon receipt of such application the concerned authority was directed to pass a detailed speaking order within three weeks.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2921 of 2024

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Balbir Lohiya @ Balbir Singh Lohiya Son of Solu Ram Lohiya Resident of -Gejha, Sector-93, Noida, Salarpur, PS- Salarpur, Gautam Buddha Nagar, Uttar Pradesh

... ... Petitioner/s

Versus

The State of Bihar through Principal Secretary Excise Department Government of Bihar, Patna.

The District Magistrate Cum Collector, Gaya.

The Superintendent of Police, Gaya.

The Excise Superintendent of Police Gaya.

The Excise Inspector, Excise Police Station, Gaya.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr.Surya Swetabh For the Respondent/s : Mr.Government Pleader 5

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

CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and

HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

2 19-02-2024 In the instant petition, petitioner has prayed for the

following reliefs:-

(I) Issuance of appropriate writ or writs in the nature of Mandamus directing the concerned Respondent/s to release the Petitioner's vehicle-: Hyundai Venue (Car) bearing registration number- UP 16 DL 5140 (the vehicle), which has been seized in connection with Gaya Prohibition and Excise Police Station, Case Number1875/23 dated 26.10.2023,

Patna High Court CWJC No.2921 of 2024(2) dt.19-02-2024 2/3

registered for offences under sections 30(a), 32(3) and 37 of Bihar Prohibition and Excise (Amendment) Act of 2018 and 2022.

(II) Pass such other order/orders, relief/reliefs as Your Lordships may deem fit and proper under the facts and circumstances of the case.

The aforementioned relief is premature in the absence of any specific demand before the competent authority in writing. In fact in the present case there is a specific provision for submission of application under Rule 12-A of Bihar Prohibition and Excise Rules 2021 read with the Amended Rules 2022 and 2023. In the absence of such application the present petition is premature. Accordingly, the present petition stands disposed of as premature.

Disposal of the present petition would not be a hurdle for the petitioner to invoke remedy under Rule 12-A of Bihar Prohibition and Excise Rules 2021 read with the Amended Rules 2022 and 2023 within a period of two weeks from today. If such application is submitted, the concerned authority is hereby directed to proceed to pass detailed speaking order within a period of three weeks from the date of receipt of such application.

Patna High Court CWJC No.2921 of 2024(2) dt.19-02-2024 3/3

With the above observations, this petition stands

disposed of.

(P. B. Bajanthri, J)

( Alok Kumar Pandey, J)

asmit/-

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