PATNA, India, Sept. 9 -- Patna High Court issued the following judgment on Aug. 12:
In the instant Writ petition, petitioner has prayed for the following reliefs:-
"(i) An appropriate writ in Mandamus directing the respondents to release the Hyundai Aura car bearing registration no. HR 63 F 1720, Chassis no. MALB241CLRM253701, Engine No. G4LAPM815778, which is seized and registered the case bearing Mohammadpur Police Station case no. 82 of 2025 under section 30(a) of Bihar Prohibition and Excise (Amendment) Act 2022. (ii) Any other writ / writs, order / orders or direction / directions as the facts and circumstances of the case may require and deemed fit by this Hon'ble Court may also be issued."
2. In support of 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 2023.
3. In the absence of demand before the competent authority, the present writ petition for writ of mandamus is not maintainable or it is pre-mature. Accordingly, the present petition stands disposed of as pre-mature.
4. Disposal of the present 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, the competent authority shall pass speaking order within a period of two weeks from the date of receipt of such application.
5. If the confiscation of the vehicle has attained finality, in that event, petitioner is at liberty to prefer an appeal before the appropriate authority.
6. With the above observation, the present Writ petition stands disposed of.
Disclaimer: Curated by HT Syndication.
