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Patna High Court

Vinay PandeyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petitioner is permitted to withdraw the writ petition and file an application under Rule 12A within one month, with the authority required to decide within two weeks.

Summary

The petitioner, Vinay Pandey, filed a civil writ petition before the Patna High Court challenging actions of the State of Bihar and various officials. During the hearing, the petitioner sought permission to withdraw the writ and instead file an application under Rule 12A of the Bihar Prohibition and Excise Rules, 2021 before the District Collector, Saran or any authorized confiscating authority. The Court considered whether such withdrawal and substitution with a Rule 12A application was permissible and what time limits should apply. It held that the petitioner may withdraw the writ and file the Rule 12A application within one month from the date of the order. The Court further directed that the concerned authority must decide the application within two weeks of its filing. Accordingly, the writ petition was disposed of.

Issues considered

  • Whether the petitioner may withdraw the writ petition and seek relief under Rule 12A of the Bihar Prohibition and Excise Rules, 2021
  • Whether a time limit of one month for filing the Rule 12A application and two weeks for the authority's decision is appropriate

Subjects

  • writ jurisdiction
  • withdrawal of petition
  • Rule 12A
  • Bihar Prohibition and Excise Rules
  • confiscating authority
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.5058 of 2026
                 ======================================================
                 Vinay Pandey C/o Shivshankar Pandey, R/o- K- 111, Lane no. 1
                 Indraprasthpuram Colony Padari Bazar Jungle Salikram near Fatima Hospital,
                 Gorakhpur Shivpur, P.S.- Salikram, District- Gorakhpur State - U.P.

                                                                                 ... ... Petitioner
                                                      Versus
           1.    The State of Bihar.
           2.    The Divisional Commissioner Excise Department, Patna Division Patna.
           3.    The District Collector, Saran.
           4.    The Superintendent of Police Saran.
           5.    The Station House Officer, Excise Police Station Saran.

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :         Mr. Hemant Kumar, Advocate
                 For the Respondent/s   :         Ms. Vagisha Pragya Vacaknavi, AC to SC-9
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                         and
                         HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

2   28-04-2026                 After some arguments, learned counsel for the

                   petitioner seeks permission to withdraw this writ application

                   with liberty to prefer an application in terms of Rule 12A of the

                   Bihar Prohibition and Excise Rules, 2021 (as amended up to

                   date) before the District Collector, Saran (Respondent No. 3) or

                   any other authority duly authorized by Respondent No. 3 acting

                   as Confiscating Authority.

                               2. If any such application is preferred within a period

                   of one month from today, the same shall be considered by the

                   Respondent No. 3 or the concerned Confiscating Authority and
          Patna High Court CWJC No.5058 of 2026(2) dt.28-04-2026
                                                      2/2




                    an appropriate order thereon shall be passed within two weeks

                    from the date of filing of the application.

                                3. The petitioner will be at liberty to take all such

                    steps which may be available to him.

                                4.    This     writ    application   stands   disposed   of

                    accordingly.



                                         (Rajeev Ranjan Prasad, J)


                                              (Soni Shrivastava, J)
lekhi/-

U


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