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Patna High Court

Vishal RajversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that without proof of ownership transfer it could not grant writ relief, but the petitioner may appeal the confiscation and seek release on payment of the penalty under Rule 12A.

Summary

The petitioner, Vishal Raj, purchased a vehicle at an auction but failed to submit Form 32 and the requisite fee to have his name entered in the registration certificate. The vehicle was later seized by the Excise Department under Section 30(a) of the Bihar Prohibition & Excise Act, 2016 for allegedly carrying illicit liquor, and a writ of mandamus was filed seeking its release. The High Court observed that the petitioner had not proved ownership transfer and therefore could not entertain the writ relief in the extraordinary jurisdiction. However, recognizing that the petitioner bought the vehicle in auction, the Court granted him liberty to appeal the confiscation order and to seek release of the vehicle upon payment of the penalty prescribed in Rule 12A of the Bihar Prohibition and Excise Rules, 2021. The writ application was consequently disposed, with the matter left open for an appeal within 30 days.

Issues considered

  • Whether the High Court can issue a writ of mandamus directing release of a seized vehicle when the petitioner has not effected transfer of ownership in the registration certificate.
  • Whether the petitioner is entitled to relief under the writ jurisdiction despite the lack of proof of ownership.
  • Whether the petitioner may appeal the confiscation order and obtain release of the vehicle on payment of penalty under the Bihar Prohibition and Excise Rules.

Legislation cited

Subjects

  • writ of mandamus
  • vehicle seizure
  • excise law
  • ownership transfer
  • auction purchase
  • penalty
  • Rule 12A
  • Bihar Prohibition & Excise Act

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.4227 of 2026
                 ======================================================
                 Vishal Raj S/o Ajay Sah, Resident of Mohalla-137, Teachers Colony Near
                 Shiv Mandir, P.S.-Chitraguptnagar, District-Patna.

                                                                       ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through Principal Secretary Excise and Prohibition
                 Department, Gov. of Bihar, Patna.
           2.    The Excise Commissioner, Bihar, Patna.
           3.    The District Magistrate, Begusarai.
           4.    Superintendent of Police, Begusarai.
           5.    The SHO Mufuasil, District Begusarai.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Binay Kumar Singh, Advocate
                 For the Respondent/s   :        Mr. Abbas Haider, SC 6
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                         and
                         HONOURABLE MR. JUSTICE KUMAR MANISH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

4   24-06-2026                 Heard learned counsel for the petitioner and learned

                   SC-6 for the State.

                               2. The petitioner in the present writ application is

                   seeking 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 while pickup bolero
                                            bearing registration number BR 33GA 0165
                                            Chassis    No.-    MA1-ZN2GH-KF1H62465
Patna High Court CWJC No.4227 of 2026(4) dt.24-06-2026
                                            2/4




                                 Engine no. GHE1H44511.- in connection
                                 with Mufassil P.S. Case No. 551/2022 u/s
                                 30(a) of the Bihar Prohibition & Excise Act,
                                 2016 of the Bihar.
                                                              And/or
                                                     for any other order/orders
                                 relief/reliefs for which the petitioner may be
                                 entitled in the eyes of law.”
                      3. After hearing learned counsel for the petitioner on

          22.06.2026, this Court had passed the following orders:-

                                                  “Learned    counsel    for   the
                                  petitioner has contended that he had
                                  purchased the vehicle in an auction sale
                                  vide Annexure ‘P/2’. According to him,
                                  the name of the purchaser/petitioner was
                                  not transferred in the certificate of
                                  registration by the District Transport
                                  Office (in short ‘DTO’), Jamui as a result
                                  whereof when the vehicle was stolen away
                                  and then it was seized while carrying
                                  illicit    liquors,    in     the     subsequent
                                  proceedings, the notice was wrongly sent
                                  to the erstwhile registered owner. His
                                  clear case is that he had not been served.
                                                  2. On perusal of Annexure
                                  ‘P/2’, it appears that the name of the
                                  petitioner could have been incorporated
                                  in the certificate of registration only when
                                  he would have submitted Form 32 with the
Patna High Court CWJC No.4227 of 2026(4) dt.24-06-2026
                                            3/4




                                  requisite fee, identity letter and residential
                                  certificate. 3. In the writ application, there
                                  is no averment that the petitioner had
                                  applied for transfer of the ownership of
                                  the said vehicle.
                                                  4.        On     much     insistence    by
                                  learned counsel for the petitioner, we pass
                                  over the matter for the day to enable the
                                  petitioner           to    produce        the   proof   of
                                  submission of Form 32 with requisite fees
                                  and documents in the office of the DTO,
                                  Jamui. 5. Learned counsel for the State is
                                  present.
                                                  6.        List     this     matter      on
                                  23.06.2026.”
                      4. Today, learned counsel for the petitioner submits

          that the petitioner had not submitted Form 32 with requisite fee

          and documents in the office of District Transport Officer, Jamui

          for transfer of his name.

                      5. In such circumstance, we are unable to proceed

          with the matter in the extraordinary writ jurisdiction. The

          certificate of ownership is not in the name of the petitioner.

          However, it appears that the petitioner had purchased the vehicle

          in auction sale.

                      6. Keeping in view the fact that petitioner had

          purchased the vehicle in auction sale, we grant liberty to the
           Patna High Court CWJC No.4227 of 2026(4) dt.24-06-2026
                                                       4/4




                     petitioner to prefer an appeal against the order of confiscation

                     on the grounds whatsoever would be available to the petitioner

                     in accordance with law. He may also pray for release of the

                     vehicle in question on payment of penalty in terms of Rule 12A

                     of the Bihar Prohibition and Excise Rules, 2021.

                                 7. If an appeal is preferred within a period of 30 days

                     from today before the appellate authority, the appellate authority

                     shall consider the same keeping in view the entire materials

                     which may be brought to his notice.

                                 8. All questions are left open to the parties.

                                 9. The writ application stands disposed of accordingly.



                                          (Rajeev Ranjan Prasad, J)


                                                ( Kumar Manish, J)
Ranjeet/-arvind

U


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