Patna High Court
Parmendra Kumar Singh @ Parmendra SinghversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- ANSHUMAN
Holding
The court granted permission to withdraw the petition and dismissed it as withdrawn.
Summary
Petitioners Parmendra Kumar Singh and Kamlesh Kumar filed a civil writ petition challenging a road construction matter. The court noted that the petitioners had previously filed several writ petitions (C.W.J.C. No.11900 of 2000, C.W.J.C. No.16101 of 2008, L.P.A. No.996 of 2016, S.L.P.(C) No.28255 of 2017) seeking the same relief, raising the issue of constructive res judicata. The petitioners then sought permission to withdraw the present petition. The bench, after acknowledging the earlier filings and the principle of res judicata, granted permission to withdraw. Consequently, the writ petition was dismissed as withdrawn.
Issues considered
- Whether the present writ petition is maintainable in view of earlier petitions filed by the same parties for the same relief
- Whether the doctrine of constructive res judicata applies to bar the present petition
Subjects
- writ petition
- withdrawal
- res judicata
- maintainability
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8819 of 2024
======================================================
1. Parmendra Kumar Singh @ Parmendra Singh Son of Sri Ram Sewak Singh
Resident of Balgovind Bigha, P.S.- Dehri-on-Sone, District - Rohtas at
Sasaram.
2. Kamlesh Kumar Son of Sri Ram Sakal Singh Resident of Village -
Patanuwa, P.S.- Indrapuri, District - Rohtas at Sasaram.
... ... Petitioner/s
Versus
1. The State of Bihar through the Commissioner-cum-Secretary, Road
Construction Department, Government of Bihar, Bishweshraiya Bhawan,
Bailey Road, Patna.
2. The Engineer-In-Chief, Road Construction Department, Government of
Bihar.
3. The Chief Engineer, Central Design Organization (C.D.O) Road
Construction Department, Government of Bihar, Bishweshraiya Bhawan,
Bailey Road, Patna.
4. The Superintending Engineer, National Highways Circle, Dhanbad.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Respondent/s : Mr. Standing Counsel 4
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 09-02-2026 Learned counsel for the petitioners and learned
counsel for the State are present.
2. The defect no.32 (kept at Flag-A) still stands as
pointed out by the office in this case, which states as follows:-
“32. Maintainability of Petition-
The petitioners have moved earlier in C.W.J.C.
No. 11900 of 2000, C.W.J.C. No. 16101 of
2008, L.P.A. No. 996 of 2016 & S.L.P. (C) No.
28255 of 2017 for the same relief. Principle of
Patna High Court CWJC No.8819 of 2024(2) dt.09-02-2026
2/2
constructive res judicata may apply or as
decided by the Hon’ble Bench.”
3. Learned counsel for the petitioners seek permission
to withdraw the present petition.
4. Permission, as prayed for, is granted.
5. As such, the present writ petition stands dismissed
as withdrawn.
(Dr. Anshuman, J)
Divyansh/-
U
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