Patna High Court
Mandeep KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- HARISH KUMAR
Holding
The writ petition was dismissed as withdrawn, with the petitioner ordered to pay costs.
Summary
Petitioner Mandeep Kumar filed a writ petition in the Patna High Court but failed to disclose that he had previously filed a similar petition before the same court. Upon being confronted, the petitioner, with his counsel's consent, sought to withdraw the current petition. The respondents argued that the petitioner deliberately suppressed the earlier filing, wasting the court's time. The court considered the submissions and allowed the withdrawal, dismissing the petition as withdrawn. The court also ordered the petitioner to pay costs of Rs. 5,000 to be deposited with the Legal Services Authority within four weeks.
Issues considered
- Whether a writ petition can be withdrawn when the petitioner has concealed a prior filing of the same petition before the same court
Subjects
- writ jurisdiction
- petition withdrawal
- suppression of material
- cost order
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9606 of 2025
======================================================
Mandeep Kumar S/o Ranglal Manjhi, R/o Village- Duabuli, PP- Dubauli, PS-
Panapur, District- Saran, Bihar- 841240.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Chief Secretary, Government of Bihar.
2. The Controller of Examination, Bihar Combined Entrance Competitive
Examination Board (BCECEB), Patna.
3. The Dean cum Principal, Government Medical College, Purnea.
4. National Testing Agency (NTA), New Delhi.
5. National Medical Commission, through its Director Under graduate Medical
Examination Board, National Medical Commission Government of India.
6. Central Bureau of Investigation through Superintendent of Police, CBI,
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
petitioner submitted at the bar that since the fact with regard to
filing of the earlier writ petition has not been disclosed by the
petitioner and, as such, the same could not be mentioned in the
Patna High Court CWJC No.9606 of 2025(7) dt.22-01-2026
2/2
present writ petition. However, after having confronted with the
present situation, with the consent of the petitioner, he seeks
permission to withdraw the present writ petition.
3. Learned Advocate for the respondents unanimously
submitted that since the petitioner was knowing this fact that he
had earlier moved before this Court and he 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 petitioner, the
present writ petition stands dismissed as withdrawn; subject to
payment of cost of Rs. 5,000/-, 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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