Sunita Devi v. The State of Bihar
Case at a glance
Provisions considered
Key paragraphs
- Para 22. For issuance of writ of Mandamus, there must be demand or application/representation before the competent authority and further duty vested with the public servant to decide the petitioner's grievance. First ingredient is not forthcoming to the extent that there is no demand or application…
Judgment
====================================================== Appearance : For the Petitioner/s For the Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI HONOURABLE MR. JUSTICE JITENDRA KUMAR Mr. Sudhir Kumar Sinha Mr. Kumar Manish (SC-5) : : ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 2 01-08-2023 In the instant petition, the petitioner has prayed for the following relief(s):-
(i) To issue and appropriate Order/s, direction/s including a writ preferably in nature of Mandamus commanding the respondents to release the vehicle/Honda Shine motorcycle bearing Registration No. BR-028H-3736, Chassis No. ME4JC83DHND056869, Engine No. JC83ED3109962 in favour of the petitioner who is owner of the said motorcycle seized in Fatehpur P.S. Case No. 194/2023 registered under section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018 lying in the premises of Police station and subject to natural decay by furnishing sufficient security to the satisfaction of learned District Magistrate, Gaya. (ii) Any other relief/s to which the petitioner is entitled in the facts and circumstances of the case.
Patna High Court CWJC No.9953 of 2023(2) dt.01-08-2023
For issuance of writ of Mandamus, there must be demand or application/representation before the competent authority and further duty vested with the public servant to decide the petitioner's grievance. First ingredient is not forthcoming to the extent that there is no demand or application pending consideration before the concerned authority insofar as release of subject matter vehicle bearing Registration No. BR- 028H-3736, which is involved in Fatehpur P.S. Case No. 194/2023. For want of demand or application or representation before the competent authority, present writ petition is not maintainable. Accordingly, the present petition stands disposed as premature.
Disposal of the present writ petition would not be hurdle for the petitioner to submit application/representation before the competent authority insofar as release of the subject matter of motor vehicle. If such representation or application is submitted, the concerned authority is hereby directed to take note of and decide the representation in the light of Rule 12A of the Bihar Prohibition and Excise Act, 2018. The petitioner is at liberty to submit application/representation within a period of one week from today on receipt of such application by the competent authority. The concerned authority is hereby directed Patna High Court CWJC No.9953 of 2023(2) dt.01-08-2023 to decide the same within a period of one week from date of submission of representation or application. (P. B. Bajanthri, J) ( Jitendra Kumar, J) Skm/chandan/- U T
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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