Patna High Court
Mangal PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The writ petition was dismissed because the petitioner failed to avail the statutory remedy under Rule 12A before approaching the court.
Summary
The petitioner, Mangal Paswan, filed a writ petition in the Patna High Court seeking the release of a seized vehicle. The court observed that the petitioner had not first approached the competent authority under Rule 12A of the Bihar Prohibition and Excise Rules, 2021, which provides a statutory remedy for such releases. Consequently, the court declined to entertain the writ application, directing the petitioner to file the required application within 30 days. If the application is filed within that period, the competent authority must consider releasing the vehicle upon payment of the prescribed penalty. The writ petition was therefore disposed of without any relief being granted.
Issues considered
- Whether a writ petition seeking release of a seized vehicle can be entertained when the petitioner has not first approached the competent authority under Rule 12A of the Bihar Prohibition and Excise Rules, 2021.
Legislation cited
- Bihar Prohibition and Excise Rules, 2021 — s. Rule 12A
Subjects
- writ jurisdiction
- statutory remedy
- Rule 12A
- vehicle seizure
- excise law
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5834 of 2026
======================================================
Mangal Paswan Son of Rang Lal Paswan, Resident of Village- Sakariacha,
P.S.- Parsa Bazar, District- Patna, Bihar- 804455.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Prohibition, Excise and
Registration Department, Government of Bihar, Patna.
2. The Commissioner, Excise, Bihar, Patna.
3. The Excise Superintendent, Patna, District- Patna.
4. The Station House Officer, Gardanibagh Police Station, District- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Sinha, Advocate
For the Respondent/s : Mr. Standing Counsel 25
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE MR. JUSTICE KUMAR MANISH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
2 24-06-2026 It appears from perusal of the writ application that the
petitioner has not moved before the competent authority under
Rule 12A of the Bihar Prohibition and Excise Rules, 2021 (As
Amended Up-to-date) for release of vehicle in question.
2. This being the position, we refrain from
entertaining this writ application. Petitioner is at liberty to apply
for statutory remedy for release of the vehicle in question. If any
such application is filed within a period of 30 days from today
before the Competent authority i.e. the Collector or an officer
authorized by him, the same shall be considered and disposed of
Patna High Court CWJC No.5834 of 2026(2) dt.24-06-2026
2/2
within a further period of 30 days from the date of filing of the
application. The competent authority shall consider releasing the
vehicle in question on payment of penalty as per the guidelines
provided under the Rules.
3. The writ application stands disposed of accordingly.
(Rajeev Ranjan Prasad, J)
( Kumar Manish, J)
Ranjeet/-arvind
U
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