Amarnath Gupta Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Amarnath Gupta Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Mandamus for unsealing not granted; writ petition disposed of as premature and not maintainable. Petitioner left free to submit an application under Rule 12B of the Bihar Prohibition and Excise Rules, 2021 (including 2022–2023 amendments), with the competent authority directed to consider it within two weeks of receipt; liberty to appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016 if the confiscation proceedings attain finality.

Issue for consideration

Whether the writ petition seeking unsealing of the room sealed by the respondent police is maintainable, given that the petitioner approached the High Court without first submitting an application under Rule 12B of the Bihar Prohibition and Excise Rules, 2021 (with the 2022 and 2023 amendments) before the competent authority.

Court's answer

For seeking a writ of mandamus there must first be a demand before the competent authority, and the first ingredient of such demand is not forthcoming because the petitioner rushed to the Court without invoking the Rule 12B remedy.

Ratio / Principle

The instant writ petition is premature and stands disposed of as not maintainable.

Key takeaways

Disposal of the writ petition will not be a hurdle for the petitioner to invoke the remedy under Rule 12B of the Bihar Prohibition and Excise Rules, 2021 including the amended provisions of 2022 and 2023; if such an application is submitted before the competent authority in the prescribed form, the authority is directed to consider the petitioner's grievance within two weeks of receipt of the application.ratio¶¶34
If the confiscation proceedings of the petitioner's residential house have attained finality, the petitioner is at liberty to file an appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016 before the appellate authority.obiter¶¶36

Detailed headnote1 paragraphs

CWJC No. 3924 of 2025, High Court of Judicature at Patna, decided 21-04-2025 (oral judgment per P. B. Bajanthri, J., bench incl. S. B. Pd. Singh, J.). Petitioner sought mandamus to unseal a ground-floor room of House No. 83, Deep Niwas, Indra Nagar, Patliputra, Patna, sealed by respondent police in connection with Patliputra P.S. Case No. 573/2024 registered under Section 30(a), 41(1) of the Bihar Prohibition and Excise Act. Held: the petition was premature and stood disposed of as not maintainable, since the petitioner had an available remedy of an application under Rule 12B of the Bihar Prohibition and Excise Rules, 2021 read with amended sub-Rule 2 of Rule 12B (2022 and 2023) and had not made the requisite demand before the competent authority — a precondition for mandamus. Disposal was not to be a hurdle: on a prescribed-form application, the competent authority is directed to consider the grievance within two weeks of receipt; and if the confiscation proceedings have attained finality, the petitioner may appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3924 of 2025

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

Amarnath Gupta Son of Late Ram Lakhan Gupta, Resident of House No. 63, Anandpuri, (Beside Kokila Kunj Apartment), Police Station- Shri Krishnapuri, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar through its Principal Secretary, Department of Excise and Registration, Government of Bihar, Patna.

Excise Commissioner, Bihar, Patna.

District Magistrate-Cum-Confiscating Officer, Patna.

Senior Superintendent of Police, Patna.

Police Inspector-Cum-Officer-incharge, Patliputra Police Station, Patna.

Investigating Officer of Patliputra, P.S. Case No. 573/2024, Patliputra Polie Station, Patna.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Raj Shekhar, ADV. For the Respondent/s : Mr. G.P. Ojha (G.A. 7) Mr. Abhinav Ashok (AC to GA 7)

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

CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 21-04-2025

In the instant writ petition, the petitioner has

prayed for following relief(s):-

“(i) For issuance of an appropriate writ/s, direction/s, order/s in the nature of mandamus for commanding the respondent/s to unseal the room situated in ground floor of House No. 83, Deep Niwas, Indra Nagar, Police Station

– Patliputra, District – Patna, in favour of the petitioner, which was sealed by the

Patna High Court CWJC No.3924 of 2025 dt.21-04-2025 2/3

respondent police in connection with Patliputra P.S. Case No. 573/2024, registered under Section 30(a), 41(1) of Bihar Prohibition and Excise Act.

(ii) Any other relief/s for which

the petitioner may found entitled.”

The petitioner has remedy of submission of

application under Rule 12B of the Bihar Prohibition and Excise Rules, 2021 read with amended sub Rule 2 of Rule 12B in the year 2022 and 2023. Before invoking the aforementioned provisions and approaching the concerned authority, the petitioner has rushed to this Court. Be that as it may, even there is no representation. For seeking writ of mandamus, there must be a demand before the competent

authority. At the same time, duty is cast on the concerned public authority. The first ingredient of demand before the competent authority is not forthcoming.

Accordingly, the instant writ petition is

premature and it stands disposed of as not maintainable.

Disposal of the instant writ petition would not

be a hurdle for the petitioner to invoke remedy under Rule

Patna High Court CWJC No.3924 of 2025 dt.21-04-2025 3/3

12B of Bihar Prohibition and Excise Rules, 2021 including amended provisions in the year 2022 and 2023. If such application is submitted before the competent authority, in

the prescribed form, the concerned authority is hereby directed to consider the petitioners’ grievance within a period of two weeks from the date of receipt of such application.

With the above observations, instant writ petition stand disposed of.

If the confiscation proceedings of the residential house of the petitioner has attained finality in that event petitioner is at liberty to file an appeal under Section 92 of the Bihar Prohibition and Excise Act, 2016 before the appellate authority.

(P. B. Bajanthri, J)

( S. B. Pd. Singh, J)

Nirajkrs/-
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Uploading Date	24-04-2025
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