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:-
"(a) For a direction upon the Respondent authorities to immediately release the motorcycle of TVS make Model Raider Disc (125 CC - BS VI) [Chassis No. MD625AF93R2D14695 and Engine No. AF9DR2414168] bearing Registration No. BR01-HT-7862 which was seized in connection with Airport P.S. Case No. 48/25 registered under Section 30(a) of the Bihar Prohibition and Excise Act (amended).
(b) To pass any other order/orders in shape of a consequential relief to which the Petitioner may be found to be legally entitled to in the facts and circumstances of the instant case at hand."
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 petition stands disposed of.
Disclaimer: Curated by HT Syndication.
