Petitioner sought release of his motorcycle seized in an excise case. The court held the writ premature for want of a prior demand before the competent authority and disposed of it, permitting him to apply under Rule 12 A of the Bihar Prohibition and Excise Rules, 2021, to be decided within two weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5133 of 2024
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Santosh Sahani S/o Harendra Sahani, R/o Bhavpur Rakaba, Jangalepatti, P.S. - Taraya Sujan, District - Kushinagar, Uttar Pradesh - 274406.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr. Brahmaputra Singh Ishu, Advocate Ms. Poonam Kumari, Advocate For the Respondent/s : Mr. Arvind Kumar, AC to GA 9
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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 : 22-03-2024
In the instant writ petition, petitioner has prayed for the
following relief/reliefs:
“(a) For a direction to the respondent no. 3 to release of Hero Glamour motorcycle bearing Registration No. UP57BF6339, Chasis No. MBLJAW167NGE01540, Engine No. JA07AENGE00335 in favour of the petitioner who is owner of the said motorcycle which was seized in Gopalganj Excise P.S. Case No. 1138/2023 dated 02.11.2023 u/s 30 (a) of Bihar Prohibition and Excise Act.
(b) For a direction to the respondents not to put the aforesaid motorcycle on auction sale during pendency of this writ petition.
(c) Any other relief or reliefs.”
Patna High Court CWJC No.5133 of 2024 dt.22-03-2024 2/2
2. For issuance of writ of mandamus there must be demand before the competent authority followed by statutory duty vested in the public authority. Ingredient No. 1 relating to demand before the competent authority is not forthcoming in the present lis . Accordingly, present writ petition stands disposed of as premature.
3. Disposal of the present writ petition would not be a hurdle for the petitioner to approach the concerned authority under Rule 12 A of Bihar Prohibition and Excise Rules, 2021 read with amended sub Rule (2) of Rule 12 A in the year 2022 and 2023. If such application is submitted in the prescribed format, the concerned authority is hereby directed to proceed to decide the petitioner’s case within a period of two weeks from the date of receipt of such application under Rule 12 A.
(P. B. Bajanthri, J)
(Alok Kumar Pandey, J)
GAURAV S./-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 22.03.2024 |
| Transmission Date | NA |
1 issue framed by the court
Whether a mandamus can issue for release of a seized motorcycle without a prior demand before the competent authority under the Bihar Prohibition and Excise Act?
3 provisions across 2 enactments
Santosh Sahani
The State of Bihar
The Commissioner, Excise Saran Division, Saran at Chapra
The District Magistrate Gopalganj
The Superintendent of Police, Gopalganj
The S.H.O. Excise P.S., Gopalganj
P. B. Bajanthri
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
