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Patna High Court

Shri Vivek Visvash @ VivekversusThe State of Bihar

Decided
Disposal
WITHDRAWN

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The writ petition is dismissed as withdrawn, with costs imposed on the petitioners.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 The court considered the submissions and, noting the petitioners' consent to withdraw, dismissed the writ petition as withdrawn.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  • Whether a writ petition can be withdrawn after the petitioners concealed the fact of an earlier similar petition before the same court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
                                                        2/2




                      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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