Rajesh Kumar v. The State of Bihar through Secretary, Excise and Prohibition Department, Govt
Case at a glance
Outcome
Disposed of
petition stands disposed of as pre-mature
Key paragraphs
- Para 55. With the above observation, the instant writ petition stands disposed of. (P. B. Bajanthri, J) ( Alok Kumar Sinha, J) P.S./- AFR/NAFR CAV DATE Uploading Date Transmission Date NAFR NA 21.03.2025. NA
Judgment
... ... Respondents. ====================================================== Appearance : For the Petitioner :
Mr. Kumar Harshvardhan, Advocate. Mr. Sudhanshu Prakash, Advocate. Mr. Santosh Chandra Bhaskar, AC to GP-11. : For the State ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 20-03-2025 In the instant writ petition, petitioner has prayed for the following relief(s):
i. For issuance of a writ of Mandamus or any other appropriate order/orders, direction/ directions directing the respondents to release the vehicle of the petitioner which is a Motorcycle having Registration No. BR-29-AD-4783, Engine No.-JA06ERHGD04690 and Chassis No. MBLJAS052HGD01691 which has been seized by the State officials under the Gopalganj Excise P.S. Patna High Court CWJC No.2607 of 2025 dt.20-03-2025 Case No. 12/2025 u/s 30(a), 32 of the Bihar Prohibition and Excise (amendment) Act, 2018; ii. For direction may be given for disposal of present case in light of the Hon'ble Patna High Court's decision in Sunaina Vs State of Bihar (CWJC No.7920/2023). And/or iii. For any other order/orders, relief/reliefs for which the petitioner may be entitled in the eyes of law.
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
Operative part
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.
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, Patna High Court CWJC No.2607 of 2025 dt.20-03-2025 the competent authority shall pass speaking order within a period of two weeks from the date of receipt of such application.
With the above observation, the instant writ petition stands disposed of. (P. B. Bajanthri, J) ( Alok Kumar Sinha, J) P.S./- AFR/NAFR CAV DATE Uploading Date Transmission Date NAFR NA 21.03.2025. NA
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.