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Patna High Court

Roushan KumarversusThe Bihar State Power Holding Company Ltd.

Decided
Disposal
WITHDRAWN

Holding

The Court held that a writ petition may be withdrawn at the petitioner's request, and the present petition was dismissed as withdrawn.

Summary

The petitioner, Roushan Kumar, filed a civil writ petition (CWJC No.5932 of 2026) against several respondents including the Bihar State Power Holding Company Ltd. and officials of the South Bihar Power Distribution Company Ltd. The petitioner alleged that the same relief had already been sought in an earlier writ petition (CWJC No.4383 of 2023) but failed to disclose this fact. The respondents pointed out the duplication and the petitioner, upon realizing the oversight, requested permission to withdraw the present petition. The Court examined whether a writ petition can be withdrawn after filing and whether the earlier petition barred the current one. Finding no substantive issue to be adjudicated and accepting the petitioner's request, the Court granted permission to withdraw. Consequently, the writ petition was dismissed as withdrawn.

Issues considered

  • Whether a civil writ petition can be withdrawn after filing when the same relief has been previously sought
  • Whether the existence of a prior petition bars the filing of a subsequent petition on the same subject

Subjects

  • writ petition
  • withdrawal
  • civil procedure
  • duplicate filing
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.5932 of 2026
                 ======================================================
                 Roushan Kumar S/o Krishnakant Singh @ Srikant Singh, Resident of village-
                 Bhadokhra, P.S.- Muffasil, District- Nawada.

                                                                            ... ... Petitioner/s
                                                   Versus

           1.    The Bihar State Power Holding Company Ltd. Through its Chief Managing-
                 cum-Director, Bihar State Power Holding Company Ltd. Patna.
           2.    The General Manager-cum-Chief Engineer, South Bihar Power Distribution
                 Company Ltd. Patna.
           3.    The Executive Engineer, South Bihar Power Distributionn Company Ltd.
                 Electric Supply Division, Nalanda (Biharsharif).
           4.    The Electrical Assistant Engineer, South Bihar Power Distribution Company
                 Ltd. Electric Supply Sub-Division, Rajgir.
           5.    Smriti Singh, D/o- Bhupal Prasad Singh, Resident of Village- Bhadaur, P.S. -
                 Bhadaur, District- Patna. At present residing at A/121 Surya Bihar Noida,
                 Near Sector- 4, Gurgaon, Haryana, Pin - 122001.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Siya Ram Shahi, Advocate
                                              Ms. Shally Kumari, Advocate
                                              Mr. Abhishek Raj Kashyap
                 For the Respondent/s   :     Mr. Vivek Prasad, Advocate
                 For SBPDCL             :     Mr. Shashank Chandra, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   21-04-2026                     Learned Counsel for the petitioner and learned

                   Counsel for the Bihar State Power Holding Company Ltd. Patna

                   are present.

                                 2. Learned Counsel for the State submits that

                   petitioner has earlier moved CWJC No.4383 of 2023 with the

                   same prayer.

                                 3. Learned Counsel for the petitioner submits that

                   pairvikar of this case has suppressed this fact before him and
         Patna High Court CWJC No.5932 of 2026(2) dt.21-04-2026
                                                     2/2




                   only due to this reason this case has been filed. Counsel for the

                   petitioner submits that upon going through the order he

                   immediately seeks permission to withdraw the present writ

                   petition.

                               4. Permission is accorded.

                               5. This writ application is dismissed as withdrawn.



                                                                  (Dr. Anshuman, J)
    Mkr./-

U


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