Writ petition seeking release of a scooter seized in an excise case. The court held that without a prior demand/application under Rule 12A of the Bihar Prohibition and Excise Rules, 2021, the petition was premature, disposed it of accordingly, and permitted the petitioner to invoke Rule 12A, directing a speaking order within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7907 of 2024
======================================================
Mamta Devi, W/o- Anil Kumar Gupta, Resident of Ward No.- 6, Ganesh Cinema Road, Mirganj Mitha Bazar, P.S.- Mirganj, District- Gopalganj.
... ... Petitioner.
Versus
... ... Respondents.
====================================================== Appearance : For the Petitioner : None. For the State : Mr. Uday Prasad, AC to GP-22.
====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 09-05-2024
In the instant writ petition, the petitioner has prayed
for the following relief(s):
“A. For issuance of an appropriate writ/writs, order/orders in the nature of Mandamus directing the respondents to release and discharge the property from any charges labelled on the Scotty Registration no.-BR-28-AA-8474 which has been wrongly seized by Police in
Patna High Court CWJC No.7907 of 2024 dt.09-05-2024
2/3
connection with Gopalpur P.S. Case No.-248/2022 on dated. 13.12.2022 registered for the offence under section 30(a) of Bihar Prohibition and Excise Act, 2018.
B. For issuance of any other relief/reliefs to which the petitioners are found entitled under the facts and circumstances of the present case.”
2. In support of the aforementioned relief, there is no demand before the competent authority in particularly under Rule of 12A of the Bihar Prohibition and Excise Rules, 2021 read with amended sub Rule 2 of Rule 12A in the year 2022 and 2023.
3. In the absence of demand before the competent authority, the instant writ petition for writ of mandamus is not maintainable or it is pre-mature. Accordingly, the instant writ petition stands disposed of as pre-mature.
4. Disposal of the instant writ petition would not be a hurdle for the petitioner to invoke remedy under Rule 12A of Bihar Prohibition and Excise Rules, 2021 including amended provisions in the year 2022 and 2023. If such application is submitted in the prescribed form before the competent authority, the competent authority shall pass speaking order within a
Patna High Court CWJC No.7907 of 2024 dt.09-05-2024 3/3
period of two weeks from the date of receipt of such application.
5. With the above observation, the instant writ petition
stands disposed of.
(P. B. Bajanthri, J)
( Alok Kumar Pandey, J)
P.S./-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 14.05.2024. |
| Transmission Date | NA |
1 issue framed by the court
Whether a mandamus to release a seized vehicle is maintainable absent an application under Rule 12A of the Bihar Prohibition and Excise Rules, 2021 before the competent authority.
2 provisions across 2 enactments
Mamta Devi
The State of Bihar through the Principal Secretary, Excise and Prohibition Department, Bihar, Patna
The Additional Chief Secretary, Excise Department, Govt. of Bihar, Patna
The Excise Commissioner, Head Quarter, Bihar, Patna
District Magistrate, Gopalganj
The Superintendent of Police, Gopalganj
P. B. Bajanthri
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
