AI Structured Summary
Not yet generated for this judgment
Judgment
P. B. Bajanthri, J
In the instant petition, petitioner has prayed for the following reliefs:-
“(i) That this Writ application is being filed on behalf of the petitioner for direction/directions upon the Respondents to release the Mahindra Pick-Up vehicle of the petitioner bearing Reg. No.
BR05GA9889, Chassis No. MA1ZU2TBKH1J70640, Engine No. TBH1J84500, which is seized in connection in Dhanaha P S. Case No. 46 of 2024, dt. 03.03.2024, U/S 30(a) of the Prohibition & Excise Amendment Act, 2022.”
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.
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.
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.
If the confiscation of the vehicle has attained finality, in that event, petitioner is at liberty to prefer an appeal before the appropriate authority.
With the above observation, the present petition stands disposed of.