Rajesh Bhagat Vs The State Of Bihar — Patna HC (2024) — LawSathi Research

Rajesh Bhagat Vs The State Of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of without granting the mandamus sought; petitioner directed to move the District Magistrate, Gopalganj under Rule 12-A of the Bihar Prohibition and Excise Rules, 2021 (read with Amended Rules 2022 and 2023) within four weeks, and the District Magistrate directed to decide that application within two weeks and communicate the decision.

Issue for consideration

Whether the petitioner's writ petition seeking mandamus for direct release of his motorcycle seized under the Bihar Prohibition and Excise Act is maintainable, or whether it is premature in view of the statutory remedy for release under Rule 12-A of the Bihar Prohibition and Excise Rules, 2021 read with the Amended Rules of 2022 and 2023. +1 more

Court's answer

The present writ petition is premature: for release of the seized vehicle the petitioner has a statutory remedy under Rule 12-A of the Bihar Prohibition and Excise Rules, 2021 read with the Amended Rules 2022 and 2023, and no mandamus is warranted on the demand made.

Ratio / Principle

The petitioner is directed to furnish an application under Rule 12-A of the Bihar Prohibition and Excise Rules, 2021 read with Amended Rules 2022 and 2023 within four weeks; on receipt thereof, the District Magistrate, Gopalganj is directed to decide the application within two weeks and communicate the decision to the petitioner.

Key takeaways

The circular dated 12.09.2022 issued by the District Magistrate, Gopalganj, under which release of a seized motorcycle carrying more than five litres of illegal liquor is not permissible, is prima facie without source of power.obiter¶¶27
So long as Rule 12-A of the Bihar Prohibition and Excise Rules, 2021 read with the Amended Rules 2022 and 2023 governs release of seized vehicles, the District Magistrate has no business issuing circulars in respect of release of motor vehicles alleged to be involved in offences under the Excise Act.obiter¶¶27

Detailed headnote1 paragraphs

Patna High Court (P. B. Bajanthri and Alok Kumar Pandey, JJ.; oral judgment per P. B. Bajanthri, J), CWJC No.4939 of 2024, decided 21-03-2024 — Rajesh Bhagat v. State of Bihar and others. The petitioner sought a writ of mandamus for release of his Black coloured CD 110 DREAM DELUXE motorcycle (Regn. No. BR28AB3402) seized by State officials under Phulwaria P.S. Case No. 350 of 2023 under Section 30(a) of the Bihar Prohibition and Excise Act. Held: the petition was premature, the petitioner having a statutory remedy under Rule 12-A of the Bihar Prohibition and Excise Rules, 2021 read with the Amended Rules 2022 and 2023. Observing that the District Magistrate, Gopalganj's circular dated 12.09.2022 (under which release of a motorcycle carrying more than five litres of illegal liquor was impermissible) was prima facie without source of power, and that so long as Rule 12-A governed, the District Magistrate had no business issuing such circulars, the Court directed the petitioner to furnish an application under Rule 12-A within four weeks and the District Magistrate, Gopalganj to decide it within two weeks and communicate the decision. Petition disposed of. NAFR.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4939 of 2024

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Rajesh Bhagat S/o Mainejar Bhagat, R/o village Hata Tola, Sisai, P.S.-Bhore, District- Gopalganj

... ... Petitioner/s

Versus

The State Of Bihar Through Secretary Excise and Prohibition Department Gov. of Bihar, Patna.

The Excise Commissioner, Bihar, Patna.

The District Magistrate, Gopalganj, Bihar

The Superintendent of Police, Gopalganj, Bihar

The Superintendent of Excise, Gopalganj, Bihar

The SHO, Phulwaria Police Station, Gopalganj, Bihar

... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Kumar Harshvardhan For the Respondent/s : Mr.Government Advocate (3)

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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) Date : 21-03-2024

In the instant petition, petitioner has prayed for the following

relief:-

(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 Black coloured CD 110 DREAM DELUXE motorcycle having Registration No. BR28AB3402, Engine No.JC89EG1161887 and Chassis No. ME4JC897KNG161669 which has been seized by the State officials under Phulwaria P.S. Case No. 350 of 2023 under Section 30 (a) of the Bihar Prohibition and Excise Act.

Patna High Court CWJC No.4939 of 2024 dt.21-03-2024 2/3

(ii) For any other order/ orders, relief/ reliefs for which the petitioner may be entitled in the eyes of law.

For issuance of writ of mandamus, there is no demand on

behalf of the petitioner. He has statutory remedy under rule 12 -A of the Bihar Prohibition and Excise Rules, 2021 read with Amended Rules 2022 and 2023. Therefore, the present petition is premature.

At this stage, learned counsel for the petitioner on instructions submitted that District Magistrate, Gopalganj is stated to have issued circular dated 12.09.2022 in which one of the condition for release of the subject matter of vehicle is in a motorcycle illegal liquor carried more than five litres in such an event release of the subject matter vehicle is not permissible. Prima facie, such circular issued by the District Magistrate is without source of power. That apart Rule 12 -A of the Bihar Probhibition and Excise Rules, 2021 read with Amended Rules 2022 and 2023 is governing in respect of release of the subject matter of seized vehicle for the offences under the Excise Act. As long as Rule 12 -A of the Bihar Probhibition and Excise Rules, 2021 read with Amended Rules 2022 and 2023 is not amended properly, District Magistrate has no business to issue circulars in respect of release of seized motor vehicle alleged to have been involved for the offence under Excise Act. Therefore,

Patna High Court CWJC No.4939 of 2024 dt.21-03-2024 3/3

petitioner is hereby directed to furnish application under Rule 12 -A of the Bihar Prohibition and Excise Rules, 2021 read with Amended Rules 2022 and 2023 within a period of four weeks from today. On receipt of petitioner's application under Rule12 -A of the Bihar Prohibition and Excise Rules, 2021 read with Amended Rules 2022 and 2023 the District Magistrate, Gopalganj is hereby directed to decide petitioner's application within a period of two weeks and communicate the decision to the petitioner.

Accordingly, petition stands disposed of .

(P. B. Bajanthri, J)

( Alok Kumar Pandey, J)

vashudha/-

AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	01.04.2024
Transmission Date	NA