Extracted from the PDF above. The PDF is authoritative.
APHC010530352018
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 25019/2018 Between:
1. V.UVARAJULU, S/O LATE.VARADARAJULU, AGED ABOUT. 34 YEARS, OCCU. FP SHOP DEALER, R/O.KARIDIMADUGU (V), PALAMANER (M), CHITTOOR DISTRICT. ...PETITIONER AND
1. THE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT. 2. THE REVENUE DIVISIONAL OFFICER, MADANAPALLI, CHITTOOR DIST. 3. THE TAHASILDAR, PALAMANER, CHITTOOR DISTRICT. 4. DISTRICT SUPPLY OFFICER, CHITTOOR. 5. STATE OF ANDHRA PRADESH, REP. BY ITS PRL. SECRETARY, REVENUE (CIVIL SUPPLIES) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DIST,AP
...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue appropriate Writ or direction in the nature of Writ of certiorari calling all the connected records including the impugned orders in D.Dis. (C1) 72/2018 dated 27-3-2018 of the 1st respondent
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were in the existing FP shop of Nalagampalli has been bifurcated and created a new FP shop at Sambarpur H/0 Karidimadugu Village and quash the same as illegal, arbitrary, and contrary to the orders issued in G.O.Ms.No.35 CAF and CS (CS-1) Department dated 17-9-2007 and the orders of this Hon'ble court with a direction to the respondents to continue the distribution through the petitioner Fair Price Shop if necessary in both the villages and pass IA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the impugned orders in D.Dis. (C1) 72/2018 dated 27-3-2018 of the 1st respondent were in the existing FP shop of Nalagampalli has been bifurcated and created a new FP shop at Sambarpur H/o Karidimadugu Village with a direction to continue the distribution of commodities through the petitioner pending disposal of the WP and pass Counsel for the Petitioner:
1. G SEENA KUMAR Counsel for the Respondent(S):
1.
GP FOR CIVIL SUPPLIES (AP) The Court made the following:
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ORDER
The present Writ Petition is filed to issue an appropriate writ or direction in the nature of Writ of Certiorari, calling for all the connected records, including the impugned orders in D.Dis.(C1) 72/2018 dated 27.03.2018 of the 1st respondent, whereby the existing Fair Price Shop at Nalagampalli has been bifurcated and a new Fair Price Shop has been created at Sambarpur H/O Karidimadugu Village, and to quash the same as illegal, arbitrary and contrary to the orders issued in G.O.Ms.No.35 CAF and CS (CS-I) Department dated 17.09.2007. 2. It is brought to the notice of this Court that the issue involved in the present writ petition is similar to the issue raised in a batch of writ petitions filed before this Court vide W.P.Nos.27510 of 2024 and batch, and the same were disposed of by way of a common order dated 06.01.2025, which reads as under:
“....Since most of the dealer have a grievance that while examining the element of economic viability, in G.O.Ms.No.35 apart from BPL cards, APL cards were also taken into consideration, whereas inspite of increase in the expenses to run the shop, G.O.Ms.No.10 has not considered the economic viability insofar as APL cards which are now not existing and in G.O.Ms.No.10 the figures relating to BPL cards alone is stated. Therefore, to balance the interest, without deviating from G.O.Ms.No.10, the objection of the dealers with regard to the same can be meted if maximum figure 450 for rural area, 550 for urban area and 650 for corporation area is considered as the minimum figure to be allotted to the existing shop on bifurcation. On submission of such representations by the dealers within one month, the authorities shall answer each objection raised by the dealer and pass appropriate order within two weeks thereafter.”
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3.
Both the learned counsel would submit that this writ petition may be disposed of in terms of the said common order. 4. In view of the same, this Writ Petition is also disposed of, in terms of the common order, dated 06.01.2025 in W.P.Nos.27510 of 2024 and batch. There shall be no order as to costs. 5. Registry is directed to attach the copy of the common order, dated 06.01.2025 passed by this Court in W.P.Nos.27510 of 2024 to this order. As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. ___________________ JUSTICE V.SUJATHA Date: 13.08.2025 KGR