APHC010802622018 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: 38723/2018 Between: 1. V.MALLIKARJUNA, S/O. PEDDA RAMANNA(RAMAIAH), AGED ABOUT 54 YEARS, OCC.FAIR PRICE SHOP DEALER OF SHOP NO. 31, R/O. GUJALADINNE VILLAGE, GONEGANDLA MANDAL, KURNOOL DISTRICT, STATE OF ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, VIJAYAWADA. 2. THE DISTRICT COLLECTOR CIVIL SUPPLIES, KURNOOL DISTRICT, KURNOOL. 3. THE JOINT COLLECTOR, KURNOOL DISTRICT, KURNOOL. 4. THE REVENUE DIVISIONAL OFFICER, ADONI, KURNOOL DISTRICT-CUM-CHAIRMAN, MANDAL FOOD ADVISORY COMMITTEE. 5. THE TAHSILDAR, GONEGANDLA MANDAL, KURNOOL DISTRICT ...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 a Writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in 2 VS,J W.P.No.38723 of 2018 bifurcating the F. P. Shop No. 31 of Gajuladinne village by creating a new shop No. 1320047 and consequential impugned notification in Rc. No. CS3 / 423/ 2018, dated.19-10-2018 issued by the 2nd respondent as illegal, arbitrary, contrary to the provisions of the G.O.Ms.No.35 Consumer Affairs Food and Civil Supplies (CS 1) Department dated 17.09.2007 and G.O.Ms.No. 15 Consumer Affairs and Civil Supplies (CS-1) Department dated 01.08.2018 apart from violation of principles of natural Justice and consequentially set aside the same 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 grant stay of all further proceedings in pursuance of Rc.No. CS3/423/2018, dated 19.10.2018 issued by the 2nd respondent pending disposal of the Writ Petition in the interest of justice and pass IA NO: 2 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 vacate the interim orders dated 31.10.2018 made in WP.No.38723/2018 and pass Counsel for the Petitioner: 1. A CHANDRAIH NAIDU Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES (AP) The Court made the following: 3 VS,J W.P.No.38723 of 2018 ORDER The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue a Writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in bifurcating the F.P.Shop No.31 of Gajuladinne village by creating a new shop No.1320047 and consequential impugned notification in Rc.No.CS3 / 423/ 2018, dated 19.10.2018 issued by the 2nd respondent as illegal, arbitrary, contrary to the provisions of the G.O.Ms.No.35 Consumer Affairs Food & Civil Supplies (CS-1) Department dated 17.09.2007 and G.O.Ms.No.15 Consumer Affairs & Civil Supplies (CS-1) Department dated 01.08.2018 apart from violation of principles of natural Justice and consequentially set aside the same ….” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies for respondents. 3. 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. 4 VS,J W.P.No.38723 of 2018 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.” 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