Patna High Court
ManjeetversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The writ petition is not maintainable as the petitioner must first avail the alternative remedy provided under Rule 12A of the Bihar Prohibition and Excise Rules, 2021.
Summary
Manjeet filed a writ petition in the Patna High Court challenging the seizure of 140.49 litres of foreign liquor by the Bihar Excise authorities. The State informed the Court that the remedy available to the petitioner is under Rule 12A of the Bihar Prohibition and Excise Rules, 2021. The Court examined whether the writ jurisdiction was appropriate when an alternative statutory remedy existed. Holding that the petitioner must first avail the alternative remedy, the Court declined to entertain the writ. The petition was disposed of, with liberty granted to the petitioner to approach the competent authority under the said rule.
Issues considered
- Whether the writ petition is maintainable when an alternative remedy under Rule 12A of the Bihar Prohibition and Excise Rules, 2021 is available to the petitioner.
Subjects
- writ jurisdiction
- alternative remedy
- Bihar Prohibition and Excise Rules
- Rule 12A
- seizure of liquor
- excise law
- court dismissal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6746 of 2026
======================================================
Manjeet, Son of Shri Azad Singh, Resident of House No.- 703, Sohati, P.S.-
Kharkhoda, Distt.- Sonipat, State - Haryana.
... ... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Excise Prohibition and
Registration Department, Government of Bihar, Patna.
2. The Deputy Secretary, Excise, Prohibition and Registration Department,
Government of Bihar, Patna.
3. The Collector, Gopalganj, District- Gopalganj.
4. The Superintendent of Police, Gopalganj.
5. The Sub Inspector Kuchaikot P.S., District- Gopalganj.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Ms. Priya Raj, Advocate
Mr. Parth Sarthy, Advocate
Mr. Rohit Kumar, Advocate
For the State : Mr. Kumar Alok, Standing Counsel (07)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE MR. JUSTICE KUMAR MANISH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
2 01-07-2026 Mr. Kumar Alok, learned SC-7 for the State informs
this Court that altogether 140.49 litres of foreign liquor has been
recovered from the vehicle in question. It is further informed
that the remedy of the petitioner lies before the competent
authority in terms of Rule 12A of the Bihar Prohibition and
Excise Rules, 2021 (as amended up to date).
2. Having regard to the fact that the petitioner has an
alternative remedy which he may avail, if so advised to him, we
refrain from entertaining the writ application.
Patna High Court CWJC No.6746 of 2026(2) dt.01-07-2026
2/2
3. This writ application is being disposed of, but with
liberty to the petitioner to seek his remedy in accordance with
law.
(Rajeev Ranjan Prasad, J)
(Kumar Manish, J)
lekhi/-
U
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