Dismissed

Suganti Devi v. The State of Bihar

Patna HC4 Mar 2024CWJC/3917/2024

Case brief

AI extract

What is this about?

Petitioner sought writ to release a seized motorcycle. Court held petition premature as statutory remedies under Section 58 of the Bihar Prohibition and Excise Act, 2016 and Rule 12-A of the Rules were not exhausted. Petitioner directed to approach authorities or face confiscation proceedings.

What did the court decide?

Petition disposed of as premature; directed to file application under Rule 12-A of the Bihar Prohibition and Excise Rules, 2021.

Suganti Devi Vs The State of Bihar — Writ and Judicial Review | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3917 of 2024

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Suganti Devi W/o Guddu Bin, resident of Village-Balia, P.S.-Maharajganj, District-Siwan.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Commissioner, Excise, Government of Bihar, Vikash Bhawan, Patna.

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The Collector cum District Magistrate, Gopalganj.

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The Superintendent of Excise, Gopalganj.

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The Station House Officer, Barauli Police Station, Gopalganj.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Anand Vardhan, Advocate Ms. Shubhangi Pandey, Advocate For the Respondent/s : Mr.Ajay Kumar, A.C. to G.P.4 ======================================================

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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

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Date : 04-03-2024

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In the instant petition, petitioner has prayed for the

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following relief(s):-

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For issuance of writ in the nature of Mandamus or any other appropriate writ(s), order(s), directions to the respondent authorities to release the vehicle of the petitioner bearing registration no. BR29AZ1333 Hero MotoCorp Splendor Plus motorcycle having Chasis no. MBLHAW214PHJ21733 and Engine No. HA11E7PHJ27791 which was seized by the sub-inspector in Barauli P.S. Case No. 19 of 2024 registered for offence under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

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(ii) For issuance of any other appropriate writ(s), order(s), direction(s) for which the petitioner is entitled in the facts and circumstances of the case.

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Patna High Court CWJC No.3917 of 2024 dt.04-03-2024 2/2

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2. For issuance of writ of mandamus, petitioner has not exhausted the remedy of approaching the concern authority in demanding release of the subject matter of the motor vehicle. Further, he has also remedy under Section 58 of the Bihar Prohibition and Excise Act, 2016 to face confiscation proceedings and thereafter he has remedy of filing appeal and revision. Simultaneously, he has remedy of filing application under Rule 12-A of the Bihar Prohibition and Excise Rules, 2021 read with Amended Rules 2022 and 2023. Accordingly, the present petition is premature. Hence, petition stands disposed of as premature.

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Disposal of the present petition would not be hurdle for the petitioner to invoke remedy under Rule- 12-A of the Bihar Prohibition and Excise Rules, 2021 read with Amended Rules 2022 and 2023. If such application is filed within a period of two weeks from today, the concerned authority is hereby directed to decide the petitioner’s application within a period of three weeks from the date of receipt of such application or in the alternative the petitioner has to face confiscation proceedings and consequential proceedings.

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With the above observation, petition stands disposed of.

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(P. B. Bajanthri, J)

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( Alok Kumar Pandey, J)

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vashudha/Shahzad

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

Suganti Devi v. The State of Bihar

Case brief

What is this about?

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Suganti Devi v. The State of Bihar

Case brief

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