Patna High Court
Shri Vivek Visvash @ VivekversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- HARISH KUMAR
Holding
The writ petition is dismissed as withdrawn, with costs imposed on the petitioners.
Summary
Petitioners Vivek Visvash and Pramod Kumar Paswan filed a writ petition in the Patna High Court but failed to disclose that they had earlier moved a similar petition before the same court. Upon realizing this omission, their counsel sought permission to withdraw the current petition. The respondents argued that the non‑disclosure wasted the court's time and should not be permitted. The court considered the submissions and, noting the petitioners' consent to withdraw, dismissed the writ petition as withdrawn. The petitioners were ordered to pay costs of Rs. 5,000 each to the Legal Services Authority within four weeks.
Issues considered
- Whether a writ petition can be withdrawn after the petitioners concealed the fact of an earlier similar petition before the same court
Subjects
- writ petition
- withdrawal
- non-disclosure
- costs
- civil procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9539 of 2025
======================================================
1. Shri Vivek Visvash @ Vivek S/o Harendra Paswan, R/o Village- Sonhani,
P.O- Sonhani, PS- Bhagwanpur, District- Saran, Bihar.
2. Pramod Kumar Paswan @ Pramod Kumar, S/o Rajendra Paswan, R/o Ward
No. 3, Village- Akhtiyarpur, PO- Akhtiyarpur, PS- Sarairanjan, District-
Samastipur, Bihar- 848127.
... ... Petitioner/s
Versus
1. The State of Bihar Through its Chief Secretary, Government of Bihar.
2. The Controller of Examination, Bihar Combined Entrance Competitive
Examination Board (BCECEB), Patna.
3. The Dean cum Principal, Anugrah Narayan Magadh Medical College, Gaya.
4. National Testing Agency (NTA), New Delhi through its Chairman
5. National Medical Commission, through its Director under Graduate Medical
Examination Board, National Medical Commission, Government of India.
6. Superintendent of Police, Central Bureau of Investigation, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Apurv Harsh, Adv.
Mr. Manu Tripurari, Adv.
Mr. Raghu Raj Pratap, Adv.
Ms. Jaya Singh, Adv.
Mr. Hritik Anand, Adv.
Mr. Pranshu Prakash, Adv.
For the NMC : Mr. Kumar Priya Ranjan, Adv.
Mr. Sandeep Kumar, Adv.
Mr. Sudarshan Bharadwaj, Adv.
For the CBI : Mr. Kumar Priya Ranjan, Sr. Adv.
Mr. Sandeep Kumar, Adv.
Mr. Shivaditya Dhari Sinha, Adv.
For the NTA : Ms. Chhaya Kirti, Adv.
For the BCECEB : Mr. Prasoon Sinha, Sr. Adv.
Mr. Prabhat Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
7 22-01-2026 Heard the parties.
2. Mr. Apurv Harsh, learned Advocate for the
petitioners submitted at the bar that since the fact with regard to
filing of the earlier writ petition has not been disclosed by the
Patna High Court CWJC No.9539 of 2025(7) dt.22-01-2026
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petitioners and, as such, the same could not be mentioned in the
present writ petition. However, after having confronted with the
present situation, with the consent of the petitioners, he seeks
permission to withdraw the present writ petition.
3. Learned Advocate for the respondents unanimously
submitted that since the petitioners were knowing this fact that
they had earlier moved before this Court and they ought to bring
this fact before this Court, but the same has been suppressed,
due to which the precious time of the Court is wasted.
4. Having considered the submissions advanced and
the prayer made by learned Advocate for the petitioners, the
present writ petition stands dismissed as withdrawn; subject to
payment of cost of Rs. 5,000/- each, which shall be deposited in
the Patna High Court Legal Services Authority, within a period
of four weeks.
(Harish Kumar, J)
shivank/-
U
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