PATNA, India, Sept. 9 -- Patna High Court issued the following judgment on Aug. 11:
In the instant petition, the 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 TVS JUPITER 125 having Registration No. BR-29-BF-2812, Engine No.- BK4AS3308652 and Chassis No.- MD626AK40S3A36779 which has been seized by the State officials under the Excise P.S. Case No. 322/ 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."
2. In support of aforementioned relief there is no demand before the competent authority in particularly under Rule 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 Writ 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.
