Patna High Court
Ganesh Rai @ Ganesh RoyversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
Holding
The appeal is dismissed; the order of the learned Single Judge dated 17‑December‑2024 is confirmed.
Summary
Ganesh Rai appealed against a common order dated 17‑December‑2024 that set aside his appointment as a food‑grain dealer under the Public Distribution System, 2016, on the ground that his application was defective with respect to caste‑reservation details. The learned Single Judge had held that the defect warranted a fresh selection process and affirmed the Divisional Commissioner’s decision to cancel the appointment. The appellant argued that the order was illegal and perverse and that the earlier decision in LPA No. 83 of 2025 should not bind the present appeal. The Division Bench had previously upheld the Single Judge’s order, finding no illegality or perversity. Relying on that precedent, the High Court dismissed the Letters Patent Appeal, confirming the Single Judge’s order and emphasizing that procedural defects justify a fresh selection and that the appellate court must follow the earlier judgment.
Issues considered
- Whether the common order setting aside the appellant’s appointment as food‑grain dealer is illegal or perverse.
- Whether the defect in the application concerning caste‑reservation details warrants a fresh selection process.
- Whether the appellate court can depart from the earlier decision in LPA No. 83 of 2025.
Subjects
- Letters Patent Appeal
- Food grain dealer appointment
- Public Distribution System
- Caste reservation
- Selection process
- Writ petition
- Illegality
- Perversity
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.106 of 2025
In
Civil Writ Jurisdiction Case No.12517 of 2023
======================================================
Ganesh Rai @ Ganesh Roy Son of Late Ram Lakhan Rai @ Ram Lakhan
Roy Resident of Village- Arapatti (Thanwar), Post Arapatti, P.S.- Mahishi,
District-Saharsa.
... ... Appellant/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Food and
Civil Supplies, Government of Bihar, Patna.
2. Commisioner, Koshi Division, Saharsa.
3. District Magistrate, Saharsa.
4. Additional Collector, Saharsa.
5. District Supply Officer, Saharsa.
6. Sub-Divisional Officer, Saharsa.
7. Block Supply Officer, Mahishi, District-Saharsa.
8. Circle Officer, Mahishi, District-Saharsa.
9. Niraj Kumar Roy Son of Harshit Roy Resident of Village-Thanwar, P.O.-
Arapatti, P.S.- Mahishi, District-Saharsa.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Prabesh Sharma, Advocate
Mr.Subesh Sharma, Advocate
For the Respondent/s : Mr.S Raza Ahmad (AAG 5)
Mr. Alok Ranjan AC to AAG-5
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 10-02-2026
This Letters Patent Appeal has been filed challenging
common order dated 17.12.2024 passed in CWJC No. 8949 of
2023 along with CWJC No. 12517 of 2023 as it appears that
both the writ petitions were filed for setting aside the order of
Patna High Court L.P.A No.106 of 2025 dt.10-02-2026
2/3
the learned Commissioner, Koshi Division, Saharsa which is
dated 09.06.2023, in Supply Revision Case No. 116 of 2023 by
which the appointment of the foodgrain dealer under Public
Distribution System, 2016 was set aside and the learned District
Magistrate, Saharsa was directed to initiate the appointment of
appellant as food grain dealer for village Arapatti under Mahisi
block.
2. Learned Single Judge disposed of both the writ
petitions by a common order and it was observed that since the
application submitted by the petitioner was defective and all the
columns were not filled out specifically with regard to caste
reservation and since they were claiming benefit on the ground
of such reservation, the Court was of the view that the
Divisional Commissioner, Koshi Division had rightly set aside
the selection of the petitioner and directed for a fresh selection
process to be made as the entire selection process was not
properly conducted. The common order which was also passed
in CWJC No. 12517 of 2023 in respect of Niraj Kumar Roy was
challenged in L.P.A No. 83 of 2025 and the same was disposed
of by a Division Bench of this Court on 21.11.2025. The
Division Bench found no illegality or perversity in the order
passed by the learned Single Judge and accordingly, affirmed
Patna High Court L.P.A No.106 of 2025 dt.10-02-2026
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the same.
3. Since the common order passed in the writ petitions
were challenged by the petitioner of CWJC No. 12517 of 2023
in L.P.A No. 83 of 2025 and the said L.P.A has been dismissed
on the ground that there was no illegality or perversity in the
order passed by the learned Single Judge, therefore, a different
view cannot be taken in this L.P.A.
4. Accordingly, the present L.P.A stands dismissed and
the order passed by the learned Single Judge dated 17.12.2024
in CWJC No. 8949 of 2023 stands confirmed.
(Sangam Kumar Sahoo, CJ)
(Alok Kumar Sinha, J)
ranjan/-
AFR/NAFR
CAV DATE NA
Uploading Date 11.02.2026
Transmission Date NA
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