i IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI> o (Special Original Jurisdiction) -c THURSDAY. HE THIRTEENTH DAY OF MARCH g TWO THOUSAND AND TWENTY FIVE m > SlH PRESENT THE HON’BLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 44 OF 2025 Between: D. Aryba. W/o D. Raja Reddy, Aged about 49 years, Occ. FP Shop Dealer Shop. No. 1149026. R/o. 51/150-40-4, NGO Colony, Rayachoti. Kadapa Now Annamayya District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Consumer Affairs and Civil Supplies Department Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Commissioner Civil Supplies. AP State Civil Supplies Corporation Ltd, D. No. 10-152/1, Civil Supplies Bhavan, 3rd Floor, Sri Sai Towers, Beside SIRIS Company Kanuru, Vijayawada, Krishna District - 520007. 3. The Revenue Divisional Officer, Rayachoti, Kadapa Now Annamayya District. 4. The Tahsildar, Rayachoti, Kadapa Now Annamayya District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ of Mandamus or any other appropriate Writ Order or direction declaring the action of the respondents more particularly the 3rd 'I may I \ : / respondent in issuing notification vide 23.12.2024 is consequently set aside the same. Ref No. B/1083/RCT/2024 dated 14,19 and 21 and illegal, arbitrary and violations of Article lA NO: 1 OF Petition under Section 151 CPC stated in the affidavit filed in support of the writ petition, the High Court be pleased to stay all further proceedings issued by the 3rd respohdent vide notification Ref No. B/1083/RCT/2024 dated 23.12.2024 pending disposal of the above Writ Petition. praying that in the circumstances may Counsel for the PetitionerSRI K SRINIVAS Counsel for the Respondents No.1,3,4: GP FOR CIVIL SUPPLIES Counsel for the Respondent No.2: SRI P HEMA CHANDRA (SC FOR APSCSCL) The Court made the following: ORDER APHC010000622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] THURSDAY ,THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 44/2025 Between: D Aryba ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.KSRINIVAS Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES ...RESPONDENT(S) The Court made the following ORDER: The Writ Petition is filed by the petitioner seeking to issue a Writ of Mandamus by declaring the order in Rc.No.1083/RCT/2024, dated 23.12.2024, issued by the 3'^'^ respondent, declining to stop the bifurcation of petitioner’s Fair Price Shop No. 1149026 at K.Ramapuram Village, Rayachoti Mandal, Chittoor now Annamayya District, as illegal, arbitrary, mala fide and in violation of the 2 JS, J WP No.44/2025 xy- principles of natural justice and consequently impugned order by directing the respondents not to bifurcate the shop of the petitioner. set-aside the 2. During the course of hearing, learned Assistant Government Pleader for Civil Supplies, appearing on behalf of the respondents, fairly produced a copy of the common order, dated 06.01.2025, passed by this Court in Writ Petition Nos.27510 of 2024 and batch. Learned counsel for the petitioner, after going through the said common order, submits that it is suffice if similar order is passed in this Writ Petition. 3. For the same reasons for which Writ Petition Nos.27510 of 2024 and batch are disposed by this Court on 06.01.2025, the instant Writ Petition is also disposed of with the direction that the reasons and directions contained therein shall form part of this order. No costs. 4. Registry to annex a copy of the common order, dated 06.01.2025, passed in Writ Petition Nos.27510 of 2024 and batch to this order. 3 JS, J WP No.44/2025 As a sequel, miscellaneous applications pending, if any, shall stand closed. SD/- G HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// FFICER SEi To, The Principal Secretary, State of Andhra Pradesh, Consumer Affairs and Civil Supplies Department Secretariat Buildings, Velagapudi, Amaravati, Guntur District. The Commissioner Civil Supplies, AP State Civil Supplies Corporation Ltd D. No. 10-152/1, Civil Supplies Bhavan, 3rd Floor, Sri Sai Towers, Beside SIRIS Company Kanuru, Vijayawada, Krishna District - 520007. The Revenue divisional Officer, Rayachoti, Kadapa Now Annamayya District. The Tahsildar, Rayachoti, Kadapa Now Annamayya District. OneCCto SRI. K SRINIVAS, Advocate [OPUC] Two CCs to GP FOR CIVIL SUPPLIES, High Court of Andhra Pradesh. [OUT] One CC to SRI. P. HEMA CHANDRA, Advocate [SC FOR APSCSCL] [OPUC] Three C.D.Copies (along with the copy of the common order dated 06-01-2025 in WP Nos.27510 of 2024 and batch to this order.) 1. 2. 3. 4. 5. 6. 7. 8. nm i* HIGH COURT DATED: 13/03/2025 A ORDER WP.No.44 of 2025 •?: . m I Co/ . Current secuon ^ PATCVi!^^ DISPOSING OF THE WP WITHOUT COSTS APHC010532072024 [3311] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NOs: 27510. 27512, 27516, 27517, 27532, 27641, 29100, 29111, 29113, 29114, 29115, 29538, 29539, 29600, 29602, 29603, 29637, 29645, 29706, 29765, 29792, 29795, 29809, 29812, 29813, 29815, 29816, 30188, 30272, 30652, 31124, 31306, 31337, 31346, 31352, 31356 & 31507 of 2024 and 50 of 2025 and 29537, 29543, 31509 of 2024 and 29, 31, 32, 33 & 403 of 2025. COMMON ORDER: The writ petitions in W.P.Nos.27510, 27512, 27516, 27517, 27532, 27641, 29100, 29111, 29113, 29114, 29115, 29538, 29539, 29600, 29602, 29603, 29637, 29645, 29706, 29765, 29792, 29795, 29809, 29812, 29813, 29815, 29816, 30188, 30272, 30652, 31124, 31306, 31337, 31346, 31352, 31356 & 31507 of 2024 and 50 of 2025 are filed challenging the proceedings bifurcating the fair price shop of the petitioner(s) and the writ petitions in W.P.Nos.29537, 29543, 31509 of 2024 and 29, 31, 32, 33 & 403 of 2025 filed challenging the proceedings bifurcating the fair price shop of the petitioner(s) by rejecting their objections and further notifying to fill up the dealer of the newly created fair price shop on bifurcation. In all the above writ petitions, the common grounds of objections raised by the dealers are as below; i. The number of cards of the dead persons was not excluded while counting the figure 800 which is relevant for the purpose of identifying a shop for bifurcation. are 2. \ 2 W.P.Nos:27510 of 2024 & batch Dt; 06.01.2025 ii. Some of the cardholders migrated from out of area of the fair price shop, but their number was not excluded while counting the number 800. iii. While providing the number of cards on bifurcation, the economic viability to run the fair price shop which is the object of G.O.Ms.No.35, dated 17.09.2017 of Consumer Affairs, Food & Civil Supplies (CS-I) Department, G.O.Ms.No.10 of Consumer Affairs, Food & Civil Supplies (CS-I) Department, dated 03.09.2024 was not considered, iv. The points raised in the objections were not answered. V. The concerned authority mentioned that economic viability is secured by other schemes such as by selling the products as specified by the government as per requirement of residents/cardholders in the limits of the said shop in the interest of their self-reliance and taking up services like 5 kgs LPG cylinders, retail sales and postal/IPPB services through Department of Food and Public Distribution, but as they are not allotted and they are not part of the scheme of regularization of the shops, such answer do not meet the objection, vi. After bifurcation, the minimum number of cards to be attached to a fair price shop as per G.O.Ms.No.35 dated 17.09.2007 which still holds good and followed in G.O.Ms.No.10 has not been adhered to. Previously, ration cards to persons above poverty line (APL) and below poverty line (BPL) were included in the minimum number of cards attached to a fair price shop, whereas now there are no ration cards of APL issued and to compensate such number, the number of BPL cards is not increased by the same'number. The economic viability cannot be ensured unless the minimum number of BPL cards is increased on par with the total number of APL and BPL cards in the G.O.Ms.No.35. Keeping them in view, the learned counsels for the writ petitioners and Sri Vineeth Appasani, learned Assistant Government Pleader advanced arguments. After having been satisfied that in most of the cases, the \ '\ N»'-, . \ I 3. fr- W.P.Nos:27510 of 2024 & batch Dt; 06.01.2025 objections were not duly answered or they are not meeting the objection raised by the dealers, to secure the uniformity in regularization of the fair price shops and their bifurcations in conformity with the G.O.s while achieving their objectives, the writ petitions are disposed of by setting aside the proceedings impugned in these writ petitions insofar as the shop(s) of the petitioner(s) with the following directions; a) Cards of the dead person(s): i. The petitioner(s)/dealer(s) has/have to submit the explanation to the concerned authority with the details of the ration cards with the card number/ name(s) of the cardholder etc. Then the authorities have to examine the same and delete the card from the shop of the dealer where the sole cardholder died and retain the card(s) where any of the family of the deceased cardholder is drawing the commodity, b) Cards of the migrated person(s): i. Since the most of the dealers raised the objections that the number of migration cards shall be excluded while deciding the figure 800 for the purpose of bifurcation of the shops, the DSC shall take the average figure of the number of cards availed during the last 12 months period i.e. from September, 2023 to August, 2024 for the purpose of identifying the figure 800. ii. Since most of the dealers 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 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. / economic 4 j W.P.Nos:27510 of 2024 & batch \ Dt: 06.01.2025 C) 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. \ There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. JUSTICE B.S.BHANUMATHI Date: 06.01.2025 DSV