IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14830 of 2023

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Juhi Kumari @ Juhi Devi D/o Nagendra Nath Tiwari, W/o Narendra Kumar

Pandey, Resident of Village-Repura, P.S.-Hathua, Dist.-Gopalganj. At present

residing at Village-Semraha, P.S. Mirganj, Dist. Gopalganj.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Excise,

Government of Bihar, Patna.

2.

The Commissioner Excise, Government of Bihar, Patna.

3.

The Collector cum District Magistrate, Gopalganj.

4.

The Superintendent of Police, Gopalganj.

5.

The Officer In-charge, Hathua Police Station, P.S.-Hathua, District-

Gopalganj.

6.

The Investigating Officer of Hathua Police Station of Hathua P.S. Case No.

141/2023, P.S.-Hathua, District-Gopalganj.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Rajesh Kumar, Advocate

For the Respondent/s

:

Mr. Vikash Kumar (SC1- 1)

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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI

and

HONOURABLE MR. JUSTICE ARUN KUMAR JHA

ORAL ORDER

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

2

03-11-2023

Heard learned counsel for the respective parties.

2. In the instant petition, petitioner has prayed for the

following reliefs:-

"(a) A writ in the nature of

mandamus or any other appropriate writ,

order/s direction/s commanding the

respondents to release the Hero Splendor

Motorcycle bearing registration number BR-

29-AD-2921,

Chesis

No.

MBLHAR073HHE46192 and Engine No.

HA10 AG HH E50079, seized in pursuance

of

Patna High Court CWJC No.14830 of 2023(2) dt.03-11-2023

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a case registered as Hathua P.S.

Case No. 141/2023 Under Section 30(a) of

the Bihar Prohibition 2022. and Excise

(Amendment) Act, 2022.

(b). For any other relief/s to which

the petitioner is found entitled to."

3. For issuance of writ of mandamus two ingredients

are mandatory namely demand before the competent authority,

in other words, application or representation and duty cast on

the public servant insofar as deciding the grievance of the

petitioner. The first ingredient is not forthcoming in other words

petitioner has not approached the concerned authority for the

purpose of release of the subject matter of motor vehicle. In

fact, Rule 12-A of Bihar Prohibition and Excise Rules, 2021 (for

short 'Rules 2021) provides for submission of application.

Therefore, the present writ petition stands disposed of as pre-

mature. However, disposal of the present writ petition would not

be a hurdle for the petitioner to approach the concerned

authority while making application in the prescribed format for

the purpose of release of the vehicle before the competent

authority. Under Rule 12- A of Rules, 2021, if such application

is submitted, the competent authority is hereby directed to

examine the grievance of the petitioner and redress the same, in

accordance with law within a period of two weeks from the date

Patna High Court CWJC No.14830 of 2023(2) dt.03-11-2023

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of receipt of petitioner’s application.

4. Accordingly, the present writ petition stands

disposed of.

jyoti/-

(P. B. Bajanthri, J)

( Arun Kumar Jha, J)

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