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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