Created by Fuzzy Cloud

Patna High Court

Smt. Maya SharanversusThe State Of Bihar and Ors

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The application is dismissed for non‑prosecution due to the petitioner’s failure to appear.

Summary

The petitioner, Smt. Maya Sharan, filed a writ petition seeking a mandamus directing the respondents to convene a departmental promotion committee for her promotion to Assistant Registrar, Co-operative Societies, alleging that her name was arbitrarily excluded contrary to Rule 6(2)(a) of the relevant statutory provisions. She also sought a declaration that the non‑consideration of her promotion was illegal, arbitrary and mala fide, and any other appropriate relief. No counsel appeared on behalf of the petitioner despite multiple notices, while the respondent was represented by Mr. Uday Shankar Sharan Singh. The Court noted the petitioner’s failure to prosecute the application. Consequently, the High Court dismissed the petition on the ground of non‑prosecution. The order was pronounced by Justice Partha Sarthy.

Issues considered

  • Whether the writ petition for mandamus and declaration can be entertained when the petitioner fails to appear before the Court.
  • Whether the alleged non‑consideration of the petitioner’s promotion is illegal, arbitrary and mala fide under the applicable statutory rule.

Subjects

  • mandamus
  • promotion committee
  • non‑prosecution
  • administrative law
  • co‑operative societies
  • departmental promotion

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.4889 of 2017
                 ======================================================
                 Smt. Maya Sharan Wife of Jitendra Kumar, Resident of Flat no. 306'A' Block-
                 B, Vaisnavi Plaza Apartment, West Boring Canal Road, P.S.-S.K.Puri, Town
                 and District-patna.

                                                                             ... ... Petitioner/s
                                                       Versus
           1.    The State Of Bihar
           2.    The Principal Secretary, Department, of Co-Operative, Government of
                 Bihar, New Secretariat, Patna.
           3.    THe Deputy Secretary, Department of Cooperative, New Secretariat, Patna.
           4.    The Registrar, Co-operative Societies, Government of Bihar, New
                 Secretariat, Patna.
           5.    The Deputy Registrar, Co-operative Societies, Head Office New Secretariat,
                 Patna.
           6.    The Assistant Registrar, Co-Operative Societies, Head Office New
                 Secretariat, Patna.
           7.    The Principal Secretary, Department, of Personnel and Administrative
                 Secretariat, Patna.
           8.    The Secretary, Bihar Public Service Commission, Bailey Road, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      None
                 For the Respondent/s     :      Mr. Uday Shankar Sharan Singh-GP19
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

5   10-02-2026                    No one appears for the petitioner. Learned counsel

                   for the respondent is present.

                                2. The petitioner has filed the instant application for

                   the following reliefs:

                                        “(I)   Issuance     of   direction/order/writ        of
                                        mandamus/       certiorari    commanding           the
                                        respondents to forthwith hold meeting of the
                                        departmental      promotion      committee          for
          Patna High Court CWJC No.4889 of 2017(5) dt.10-02-2026
                                                      2/2




                                       promotion of petitioner to and other co-
                                       operative extension officers the post of Assistant
                                       Registrar, Co-operative Societies as per the to
                                       the proposal sent Respondent Commission and
                                       Clarifica- tion given vide Annexure-6 in the light
                                       of statutory provision content in Rule 6(2) (a) of
                                       Annexure-1.
                                       (II) Issuance of direction/order/writ proper
                                       declaration commanding or the respondents that
                                       the non consideration of the name of the
                                       petitioner and others for promotion as per the
                                       statutory rule, without any reason, is out and out
                                       illegal, arbitrary and malafide in the facts and
                                       the       circumstances         of      this        case.
                                       (III) Issuance of any other direction/ directions
                                       to which the petitioner may be deemed entitled to
                                       in the facts and the circumstances of this case.”
                                3. No one appeared on behalf of the petitioner on

                    20.1.2026 and 6.2.2026 also.

                                4. In view of the above, the application is dismissed

                    for non prosecution.


                                               (Partha Sarthy, J)

Bibhash

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.