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Patna High Court

Gyanendra MishraversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is premature and not maintainable because no demand was made under Rule 12A; therefore, the writ petition is disposed of.

Summary

The petitioner, Gyanendra Mishra, filed a writ petition in the Patna High Court seeking quashing of the Excise Commissioner’s order that confiscated his Maruti Suzuki Brezza and directing the release of the vehicle. He alleged that the confiscation order was passed without proper consideration of facts. The petition relied on Rule 12A of the Bihar Prohibition and Excise Rules, 2021, claiming that no demand had been made before the competent authority. The Court held that, in the absence of a demand under Rule 12A, the writ petition for mandamus was premature and not maintainable. Consequently, the petition was disposed of, with the Court directing the petitioner to file an application under Rule 12A for a speaking order, and noting that an appeal is available if the confiscation attains finality.

Issues considered

  • Whether a writ petition for certiorari and mandamus is maintainable when no demand has been made under Rule 12A of the Bihar Prohibition and Excise Rules, 2021.
  • Whether the order of confiscation of the petitioner’s vehicle can be quashed in the absence of such a demand.

Subjects

  • writ jurisdiction
  • certiorari
  • mandamus
  • excise confiscation
  • Rule 12A
  • premature petition
  • high court

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.11894 of 2025
     ======================================================
     Gyanendra Mishra Son of Chandrabhushan Mishra, Resident of Village- Flat
     No. 22, Raksha Sampada Bhawan, Ulaan Baatar Marg, nearby Palam Mode,
     Delhi Cantt., P.O. Delhi Cantt, District- South West Delhi- 110010.
                                                                   ... ... Petitioner/s
                                          Versus
1.    The State of Bihar through the Principal Secretary, Registration and Bihar
      Prohibition and Excise Department, Government of Bihar, Patna.
2.   The Excise Commissioner-cum-Appellate Authority, Registration and Bihar
     Prohibition and Excise Department, Government of Bihar, Patna.
3.   The District Magistrate-cum-Confiscating Authority, Kaimur, Bhabhua.
4.   The Superintendent of Exicse Prohibition Department, Kaimur, Bhabhua.
5.   The Sub-divisional Magistrate, Bhabhua, Kaimur.
6.    The Officer-In-Charge, P.S. Excise and Prohibition Department, District-
      Kaimur, Bhabhua.
                                                           ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s    :       Mr. Babu Nandan Prasad, Advocate
     For the Respondent/s    :       Mr. Divit Vinod AC to SC-26
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
             and
             HONOURABLE MR. JUSTICE S. B. PD. SINGH
     ORAL JUDGMENT
     (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

      Date : 05-08-2025


                 In the instant petition, the petitioner has prayed for the

     following relief(s):-

                                         “I. To issue writ/ writs, order/orders,
                             direction/ directions including a writ in the nature
                             of certiorari for quashing the order dated
                             29.04.2025 passed in Excise Appeal Case no.
                             46/2025 arising out of Excise Confiscation Case
                             no. 33/2025 by learned Excise Commissioner,
                             Patna (as contained in Annexure-P/6) whereby
                             and whereunder the vehicle Maruti Suzuki Brezza
Patna High Court CWJC No.11894 of 2025 dt.05-08-2025
                                            2/3




                                Car bearing Registration No. HR-98A-7932,
                                Chassis No. MA3NYFJISMF790319 and Engine
                                no. K15BN1206006 of the petitioner has been
                                dismissed     and      affirmed   the   order    dated
                                03.03.2025 passed by learned Sub Divisional
                                Magistrate, Bhabhua, Kaimur, it is further
                                quashed the order dated 03.03.2025 passed in
                                Excise Confisction Case no. 33/2025 arising out
                                of Excise case no. 811/2024 dated 19.10.2024 by
                                learned Sub-Divisional Magistrate, Bhabhua,
                                Kaimur whereby learned S.D.M., Bhabhua,
                                Kaimur has been confiscated the said vehicle
                                Maruti Suzuki Brezza Car without considering the
                                facts and circumstances of the case of the
                                petitioner in proper perspectives (as contained in
                                Annexure-P/4).
                                             II. To issue a writ/ writs, order/ orders,
                                direction/directions, including a writ in the nature
                                of mandamus directing the Respondents to release
                                the said vehicle bearing Registration No. HR-98A-
                                7932 in favour of the petitioner accordance with
                                law.
                                             III. For granting any other relief or
                                reliefs for which the petitioner may be 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

       12A of the Bihar Prohibition and Excise Rules, 2021 read with

       amended Sub-Rule 2 of Rule 12A in the year 2022 and 2023.
             Patna High Court CWJC No.11894 of 2025 dt.05-08-2025
                                                        3/3




                                 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.



                                                 (P. B. Bajanthri, J)


                                                  ( S. B. Pd. Singh, J)
Ankit Kumar/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          08.08.2025
Transmission Date       NA


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