Chhathi Devi v. The State of Bihar

Patna HC8 May 2025CWJC/6896/2025

Case brief

AI extract

What is this about?

Premature writ petition; release of seized vehicle; Section 30(a) Bihar Prohibition and Excise Amendment Act 2018 seizure; Rule 12A Bihar Prohibition and Excise Rules 2021 (amended 2022, 2023); no demand before competent authority; Article 226 mandamus not maintainable; speaking order within two weeks; appeal against confiscation; Bhore P.S. Case No.-32 of 2025 dated 01.02.2025; Gopalganj; motorcycle BR28AD0983.

What did the court decide?

No substantive relief; writ petition disposed of as premature, with liberty to apply under Rule 12A of the Bihar Prohibition and Excise Rules, 2021 (competent authority to pass speaking order within two weeks of receipt) and liberty to appeal if confiscation has attained finality. ¶¶25

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, claiming to be the real and registered owner, is entitled to a writ/direction for release of the vehicle bearing Registration No. BR28AD0983 (HERO SPLENDOR PLUS MOTORCYCLE) seized under Section 30(a) of the Bihar Prohibition and Excise Amendment Act - 2018 in Bhore P.S. Case No.- 32 of 2025. +1 more

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Court's answer

Disposal of the writ petition is no 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 in the prescribed form is submitted before the competent authority, that authority shall pass a speaking order within two weeks from receipt of the application.

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Ratio / Principle

Since there is no demand before the competent authority (particularly under Rule 12A of the Bihar Prohibition and Excise Rules, 2021 read with amended sub-Rule 2 of Rule 12A of 2022 and 2023), the writ petition under Article 226 for a writ of mandamus is not maintainable and is premature; accordingly the writ petition stands disposed of as premature.

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Key takeaways

If the confiscation proceedings relating to the vehicle have attained finality, the petitioner is at liberty to prefer an appeal before the appropriate authority.obiter¶¶30

Detailed headnote1 paragraphs

Chhathi Devi v. The State of Bihar & Ors., Patna High Court, Civil Writ Jurisdiction Case No. 6896 of 2025, decided 08-05-2025 (NAFR; oral judgment per P. B. Bajanthri J.; coram P. B. Bajanthri and S. B. Pd. Singh JJ.). The petitioner sought mandamus under Article 226 for release of a HERO SPLENDOR PLUS motorcycle (Regn. No. BR28AD0983) seized under Section 30(a) of the Bihar Prohibition and Excise Amendment Act - 2018 in connection with Bhore P.S. Case No.- 32 of 2025 dated 01.02.2025. Held: 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 as amended in 2022 and 2023), the writ petition for mandamus is not maintainable and is premature; disposed of as premature. The disposal will not hinder a Rule 12A application in the prescribed form, upon which the competent authority must pass a speaking order within two weeks of receipt. If confiscation proceedings have attained finality, the petitioner may appeal to the appropriate authority.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6896 of 2025

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Chhathi Devi Wife of Ravindra Shah Resident of Village- Tiwari Bagahawa, P.S.- Bhore, Distt- Gopalganj, State-Bihar.

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... ... Petitioner/s

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Versus

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

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The Deputy Secretary Excise, Prohibition and Registration Department, Government of Bihar, Patna.

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The Collector Gopalganj, District-Gopalganj

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The Superintendent of Police, Gopalganj.

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The Sub Inspector Bhore, District-Gopalganj.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Priya Raj For the Respondent/s : Mr. Standing Counsel (25)

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

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Date : 08-05-2025

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Heard learned counsels for the parties.

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In the instant writ petition, petitioner has

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prayed for the following relief(s):-

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“(i). For issuance of writ(s), order(s), direction(s) upon the Respondents to release the vehicle bearing Registration No – BR28AD0983, HERO SPLENDOR PLUS MOTORCYCLE, having Chesis No. MBLHAW230PHAA1623,

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Patna High Court CWJC No.6896 of 2025 dt.08-05-2025 2/3

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Engine No. HA11E8PHA83158 which has been seized in connection with Bhore P.S. Case No. - 32 of 2025 dated 01.02.2025, under Section 30(a) Bihar Prohibition and Excise Amendment Act – 2018 in favour of the petitioner as he is the real and registered owner of the seized vehicle.”

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3. In support of the aforementioned relief, there

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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.

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4. In the absence of demand before the competent authority, the instant writ petition filed for direction under Article 226 for a writ of mandamus is not maintainable or it is premature. Accordingly, the instant writ petition stands disposed of as premature.

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5. Disposal of the instant writ petition would not

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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

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Patna High Court CWJC No.6896 of 2025 dt.08-05-2025 3/3

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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.

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6. If the confiscation proceedings of the subject matter of vehicle has attained finality, in that event, petitioner is at liberty to prefer an appeal before the appropriate authority.

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With the above observation, instant writ petition stands disposed of.

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(P. B. Bajanthri, J)

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( S. B. Pd. Singh, J)

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Nirajkrs/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	09.05.2025
Transmission Date	NA

Chhathi Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Chhathi Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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