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

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

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether the writ petition under Article 226 seeking release of vehicle BR29AP3980, seized in connection with Manjhagarh P.S. Case No. 19/2025 under section 30(a) of the Bihar Prohibition & Excise Act, is maintainable when no demand has been made before the competent authority under Rule 12A of the Bihar Prohibition and Excise Rules, 2021 (including the 2022 and 2023 amendments). +1 more

Court's answer

In the absence of any demand before the competent authority under Rule 12A of the Bihar Prohibition and Excise Rules, 2021 (with the 2022 and 2023 amendments), the writ petition filed under Article 226 for a writ of mandamus to release the seized vehicle is not maintainable and is premature.

Ratio / Principle

Accordingly, the instant writ petition stands disposed of as premature.

Key takeaways

Disposal of the writ petition is not a hurdle for the petitioner to invoke the remedy under Rule 12A of the Bihar Prohibition and Excise Rules, 2021 including the 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 receipt of such application.ratio¶35
If the confiscation proceedings relating to the vehicle have attained finality, the petitioner is at liberty to prefer an appeal before the appropriate authority.ratio¶36

Detailed headnote1 paragraphs

Patna High Court (CWJC No.7019 of 2025, decided 08-05-2025; oral judgment per P. B. Bajanthri J, bench incl. S. B. Pd. Singh J) disposed of as premature a writ petition by Raju Chaudhari, owner of vehicle BR29AP3980, seeking its release from seizure in connection with Manjhagarh P.S. Case No. 19/2025 registered under section 30(a) of the Bihar Prohibition & Excise Act. Held: with no demand having been made before the competent authority under Rule 12A of the Bihar Prohibition and Excise Rules, 2021 (read with the amended sub-Rule 2 of Rule 12A of 2022 and 2023), an Article 226 mandamus petition was not maintainable. The petitioner remains free to apply under Rule 12A in the prescribed form, whereupon the competent authority must pass a speaking order within two weeks of receipt; and if the confiscation proceedings have attained finality, he may appeal to the appropriate authority.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7019 of 2025

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Raju Chaudhari Son of Fagu Chaudhari Resident of Village-Koirigawa Jogi Tola, P.S. Barharia District-Siwan.

... ... Petitioner/s

Versus

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

The Secretary, Bihar Prohibition, and Excise, Government of Bihar, Patna.

THe Collector, Gopalganj.

The Superintendent of Police, Excise, Gopalganj.

The Deputy Superintendent of Police, Gopalganj.

The District Excise Officer, Gopalganj.

The Officer-in-Charge, Manjhagarh Police Station, District-Gopalganj.

... ... Respondent/s

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

Appearance :

For the Petitioner/s : Mr.Brajesh Kumar Singh For the Respondent/s : Mr.Standing Counsel (18)

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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)

Date : 08-05-2025

Heard learned counsels for the parties.

2. In the instant writ petition, petitioner has

prayed for the following relief(s):-

“(i). For issuance of an appropriate writ in the nature of mandamus commanding and directing the respondent authorities to release the vehicle bearing Registration No. BR29AP3980 which has

Patna High Court CWJC No.7019 of 2025 dt.08-05-2025 2/3

been seized in connection with Manjhagarh P.S. Case No. 19/2025 registered under section 30(a) of the Bihar Prohibition & Excise Act in favour of the petitioner who is owner of the vehicle.

(ii) And for any other reliefs for which this Hon'ble Court may deem fit and proper”

3. In support of the aforementioned relief, 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.

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.

5. 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

Patna High Court CWJC No.7019 of 2025 dt.08-05-2025 3/3

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.

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.

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

(P. B. Bajanthri, J)

( S. B. Pd. Singh, J)

Nirajkrs/-

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