Aarti Kumari Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Aarti Kumari Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of as premature with liberty to the petitioner to appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016 or, in the alternative, to apply under Rule 12-A of the Bihar Prohibition and Excise Rules, 2021 (read with Amended Rules 2022 and 2023); the authority to decide the application within two weeks and the appellate authority the appeal within three months; interim direction not to auction the vehicle till then.

Issue for consideration

Whether the petitioner's C.N.G. Tempo bearing registration No. BR01PP-6979, seized in connection with Rupaspur P.S. Case No. 492/2023, should be released. +1 more

Court's answer

Until the application under Rule 12-A or the appeal under Section 92 is decided, the concerned authority is directed not to proceed with auctioning the subject matter of the motor vehicle.

Ratio / Principle

The writ petition is premature because the petitioner rushed to the High Court without invoking the remedy under Rule 12-A of the Bihar Prohibition and Excise Rules, 2021 (read with Amended Rules 2022 and 2023) or the appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016 against the confiscating authority's order; hence the writ petition stands disposed of as premature.

Key takeaways

Disposal of the petition will not be a hurdle: the petitioner may appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016 or, in the alternative, invoke Rule 12-A of the Bihar Prohibition and Excise Rules, 2021 (read with Amended Rules 2022 and 2023); the concerned authority must decide such application within two weeks and the appellate authority any such appeal within three months of receipt.ratio¶27

Detailed headnote1 paragraphs

Patna High Court (Coram: P. B. Bajanthri and Alok Kumar Pandey, JJ.; oral judgment per P. B. Bajanthri, J.), decided 04-03-2024 in CWJC No.3403 of 2024 — Aarti Kumari v. State of Bihar & others. Writ petition seeking release of a C.N.G. Tempo (Regn. No. BR01PP-6979) seized in Rupaspur P.S. Case No. 492/2023 under Section 30(a) of the Bihar Prohibition and Exicse Act 2018 was disposed of as premature, the petitioner having approached the Court without availing the Rule 12-A remedy under the Bihar Prohibition and Excise Rules, 2021 (read with Amended Rules 2022 and 2023) or the appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016 against the confiscating authority's order. Liberty was granted to pursue either remedy, with the authority to decide a Rule 12-A application within two weeks and the appellate authority an appeal within three months; meanwhile the authorities were restrained from auctioning the vehicle.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3403 of 2024

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

Aarti Kumari Wife of Jagdev Kumar, a resident of Ghagha Ghat, Buxaria Tola, P.S. - Sultanganj, District- Patna.

... ... Petitioner/s

Versus

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

The District Magistrate/Collector, Patna.

Deputy Collector, Land Reforms, Patna.

The Senior Superintendent of Police, Patna.

The Excise Superintendent, Patna.

The Sub-divisional Police Officer, Patna.

The Station House Officer, Rupaspur, Patna.

... ... Respondent/s

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

Appearance :

For the Petitioner/s : Mr.Harish Kumar For the Respondent/s : Mr.Standing Counsel 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

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

Date : 04-03-2024

In the instant petition, petitioner has prayed for

following relief(s):-

(i) For issuance of appropriate writ/writs, order/orders, direction/ directions directing and commanding the concerned respondent to release the petitioner’s C.N.G. Tempo, bearing registration No. BR01PP-6979 which was seized in connection with Rupaspur P.S. Case No. 492/2023 registered under Section 30(a) of the Bihar Prohibition and Exicse Act 2018.

(ii) For any other relief which the petitioner may be found

Patna High Court CWJC No.3403 of 2024 dt.04-03-2024 2/3

entitled to in the facts and circumstances of this Case.

2. Petitioner without invoking remedy under Rule 12-

A of the Bihar Prohibition and Excise Rules, 2021 read with Amended Rules 2022 and 2023 and so also without invoking the remedy of appeal before the appellate authority against the confiscating authority order under Section 92 of the Bihar Prohibition and Excise Act, 2016 has rushed to this Court. Accordingly, the present petition is premature. Hence, writ petition stands disposed of as premature.

Disposal of the present petition would not be hurdle for the petitioner to invoke remedy of appeal before the appellate authority under Section 92 of the Bihar Prohibition and Excise Act, 2016 or in the alternative she is at liberty to invoke remedy under Rule 12-A of the Bihar Prohibition and Excise Rules, 2021 read with Amended Rules 2022 and 2023 in the prescribed form. If such application is submitted, the concerned authority is hereby directed to decide the petitioner's application within a period of two weeks from the date of receipt of such application or in the alternative appellate authority is hereby directed to decide the petitioner’s appeal, within a period of three months from the date of receipt of such appeal. Till deciding either under Rule 12-A of the Bihar Prohibition and Excise Rules, 2021 read with Amended Rules 2022 and 2023 or under Section 92 of the Bihar Prohibition and Excise Act, 2016-appeal, the

Patna High Court CWJC No.3403 of 2024 dt.04-03-2024 3/3

concerned authority is hereby directed to not to proceed in respect of

auctioning the subject matter of the motor vehicle.

With the above observation, the writ petition

stands disposed of.

(P. B. Bajanthri, J)

( Alok Kumar Pandey, J)

vashudha/Shahzad

AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	07.03.2024
Transmission Date	NA