Shital Vs The State of Bihar — Writ and Judicial Review | Patna HC (2025)

Shital Vs The State of Bihar — Writ and Judicial Review | Patna HC (2025)

What the court decided

AI extract

Outcome

No direct relief granted; writ petition stands disposed of as premature. Court directed that the petitioner remains free to invoke the Rule 12A remedy (application in prescribed form), failing which the competent authority must pass a speaking order within two weeks of receipt; appeal before the appropriate authority available if confiscation proceedings have attained finality.

Issue for consideration

Whether the writ petition seeking release of the petitioner's seized vehicle is maintainable, given that no demand has been raised before the competent authority under Rule 12A of the Bihar Prohibition and Excise Rules, 2021 (with amended sub-Rule 2, 2022 and 2023); i.e., whether the petition is premature.

Court's answer

In the absence of any demand before the competent authority under Rule 12A of the Bihar Prohibition and Excise Rules, 2021 (read with amended sub-Rule 2 of Rule 12A, 2022 and 2023), the writ petition filed for a direction under Article 226 of the Constitution for issuance of a writ of mandamus is not maintainable or is premature; accordingly, the writ petition stands disposed of as premature.

Ratio / Principle

Disposal of the writ petition would not be a hurdle to the petitioner invoking the remedy under Rule 12A of the Bihar Prohibition and Excise Rules, 2021 (including amended provisions of 2022 and 2023); if an application is submitted in the prescribed form before the competent authority, it shall pass a speaking order within two weeks from the date of receipt of such application.

Key takeaways

If the confiscation proceedings concerning the subject vehicle have attained finality, the petitioner is at liberty to prefer an appeal before the appropriate authority (stated conditionally).obiter¶28

Detailed headnote1 paragraphs

Bihar — Excise vehicle seizure/release — Prematurity of writ petition. Petitioner (Shital) prayed, under Article 226 of the Constitution, for a mandamus directing release of her Bajaj Pulsar motorcycle (Regn. No. UP 57BP2846) seized by State officials under Kuchaikote P.S. Case No. 488/2024, u/s 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018, dated 14.11.2024. HELD (oral order per P. B. Bajanthri, J.; S. B. Pd. Singh, J. on the Bench): since no demand had been raised before the competent authority under Rule 12A of the Bihar Prohibition and Excise Rules, 2021 (read with amended sub-Rule 2 of Rule 12A, 2022 and 2023), the writ petition was not maintainable and stood disposed of as premature; the disposal would not preclude the petitioner from invoking the Rule 12A remedy — an application in the prescribed form obliges the competent authority to pass a speaking order within two weeks of receipt; and if the confiscation proceedings have attained finality, the petitioner is at liberty to prefer an appeal before the appropriate authority. (Patna HC CWJC No. 4711 of 2025, dt. 24-04-2025)

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4711 of 2025

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

Shital W/o- Chotelal R/o village- Varawa Jangal, Kundwa Urf Dilipnagar, P.S.- Kaseya, District- Kushinagar, Uttar Pradesh.

... ... Petitioner/s

Versus

The State of Bihar through Secretary, Excise and Prohibition Department, Govt. 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 S.H.O., Gopalganj Police Station, Gopalganj, Bihar.

... ... Respondent/s

====================================================== Appearance :

For the Petitioner/s : Md. Danish Quamar, Advocate Mr. Sumit Shekhar Pandey, Advocate For the Respondent/s : Additional Advocate General (4)

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

CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI

and

HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

2 24-04-2025 In the instant writ petition, petitioner has prayed for

the following reliefs :

“i. For issuance of a writ in the any other appropriateorder/orders, direction/directions directing the respondents to release the vehicle of the petitioner which is Bajaj Pulsar motorcycle having Registration No. UP 57BP2846, Engine No. PDXCPC84024 and chassis no. MD2B54DX3PCC18674 which has been seized by the State officials under

Patna High Court CWJC No.4711 of 2025(2) dt.24-04-2025 2/3

Kuchaikote P.S. Case No. 488/2024 u/s 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018 dated 14.11.2024; And/or

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

2. In support of the aforementioned reliefs, there is no demand before the competent authority, in particularly, under Rule 12 A of the Bihar Prohibition and Excise Rules, 2021 read with amended sub-Rule 2 of Rule 12 A in the year 2022 and 2023. In the absence of demand before the competent authority, the instant writ petition filed for direction under Article 226 of the Constitution for issuance of a writ of mandamus is not maintainable or it is premature. Accordingly, the instant writ petition stands disposed of as premature.

3. Disposal of the present 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 period of two weeks from the date of receipt of such application.

4. If the confiscation proceedings of the subject matter of vehicle has attained finality, in that event, petitioner is at

Patna High Court CWJC No.4711 of 2025(2) dt.24-04-2025 3/3

liberty to prefer an appeal before the appropriate authority.

(P. B. Bajanthri, J)

(S. B. Pd. Singh, J)

GAURAV S./- U