PATNA, India, Sept. 22 -- Patna High Court issued the following judgment on Aug. 22:
In the instant Writ petition, petitioner has prayed for the following reliefs:-
"(i) For issuance of appropriate writ, order or direction in the nature of mandamus thereby directing the respondents to release the vehicle in question i.e. JCB,3DX PLUS-2WD, bearing Registration No. BR07GC 3732, Engine No. H00422741, Chassis No. HAR3DXS4J03387586, Machine No. 3387586, which is seized in connection with Moro P.S. Case No. 15 of 2025 instituted Under Section 30(a) of Bihar Prohibition & Excise Act, 2022 and Section 61(2), 3(5) of the Bhartiya Nyay Sanhita.
(ii) For grant of such other order or direction/directions for which the petitioner is found entitled in the facts and circumstances of the case."
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.
The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMTMxMjQjMjAyNSMxI04=-UswLz6tWs2Y=
Disclaimer: Curated by HT Syndication.
