IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) FRIDAY. THE TWENTY FIFTH DAY OF APRIL / TWO THOUSAND AND TWENTY FIVE PRESENT V the honourable smt justice SUMATHI JAGADA WRIT PETITION NO: 31771 r>F 2024 :: AMARAVATI Between: Boni Bharathi, W/o Boni Bhaskara Dealer. R/o H.No.15-104 Vizianagaram District. Rao. Aged 43 years, Occ; Ambedkar Colony, Jami, F.P.Shop Jami Mandal, ...PETITIONER AND 1. The state of Andhra Pradesh, rep by its Principal Secretary, Consumer Affairs and Civil Supplies Dept, Secretariat 2. The District Collector, 3. The Revenue Divisional Officer District. 4. The Tahsildar, Jami Mandal, Vellagapudi, Guntur District. Vizianagaram, Vizianagaram District. Vizianagaram Division. Viziangaram Vizianagaram District. ...RESPONDENTS praying that in Petition under Article 226 the circumstances stated i of the Constitution of India m the affidavit filed therewith, be pleased to issue a writ, order Nature of a Writ of Mandamus the High Court may or direction more particularly one in the declaring the action of the 2"'' Respondent in bifurcating the Petitioners ,, ^ , FP Shop No.0233004 of Jami Mandal, vide Rc.No.60/2024/G1/DI.28 11 2024 handed, without proper appreciation of the Petitioners of the Principles of Natural Justice and Articles 21 and to consequently set aside the Village and arbitrary illegal, high as objections, violative and 19(1 ) (g) of the Constitution of India same. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstance^ stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further steps pursuant to Proceedings vide Rc.No.60/2024/G1/Dt. 28.11.2024 including 1421/2024/CS/Dt. 12.12.2024 and Rc.No.1421/2024/CS/Dt. 12.12.2024 the Respondent pending disposal of the above writ petition. Counsel for the Petitioner: SRI G. SAI NARAYANA RAO Counsel for the Respondent Nos.1 to 4: GP FOR CIVIL SUPPLIES The Court made the following: ORDER the Notifications Rc.No, of THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION No.31217 of 2024 ORDER: This writ petition is filed under Article 226 of Constitution of India seeking the following relief: ...to issue a writ order or direction more particularly one in the nature of a Writ of Mandamus declaring the action of the 2 respondent in bifurcating the petitioner’s F.P.Shop No.0233004 of Jami Village and Mandal, vide Rc.No.60/2024/G1/Dt.28.11.2024 as arbitrary, illegal, high handed without proper appreciation of the petitioner’s objections, violative of the principles of natural justice and Articles 21 and 19(1)(g) of the Constitution of India and to consequently set aside the same and to pass... ” nd The learned counsel for the petitioner submits that this matter is squarely covered with the order passed by this Court on 06.01.2025 in W.P.No.27510 of 2024 and batch. 2. Perused the record. The writ petition is disposed of in terms of W.P.No.27510 of 2024 and batch. No order as to costs. 3. Interim orders granted earlier, if any, shall stand vacated. The Registry is directed to annex a copy of the order dated 06.01.2025 in W.P.No.27510 of 2024 and batch to this order. As a sequel, miscellaneous petitions, if any, pending shall stand J closed. sd/- Nl. ASSISTANTte^TRAR SECTION OFFICER //TRUE COPY// To, Consumer Affairs and Civil Supplies Dept, Pradesh, Secretariat, Vellagapudi, Guntur District. District Collector, Vizianagaram, Vizianagaram District. Divisional Officer. Vizianagaram Division, Viziangaram 1. The Principal Secretary State of Andhra 2. The 3. The Revenue District. The Tahsildar, Jami Mandal, Vizianagaram District. One CC to Sri G. Sai Narayana Rao, Advocate [OPUC] Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh. [OUT] Three CD Copies. (Along with a copy of the order dated 06.01.2025 in W.P.No.27510 of 2024 and batch to this Order) 4. 5. 6. 7. GSC T HIGH COURT \\ DATED:25/04/2025 ORDER WP.No.31271 of 2024 DISPOSING OF THE W.P. WITHOUT COSTS IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI APHC010532072024 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, 2751 /, 27532, 29113, 29114, 29115, 29538, 29539, 29600, 29602, 27641, 29100, 29111 29603, 29637, 29645, 29706, 29765, 29792, 29795, 29809, 29812, 29813, 29815, 29816, 30188, 30272, OOOfe, 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 are challenging the proceedings bifurcating the fair price shop of the petitioner(s) by rejecting their objections and further notifying to fill up the filed dealer of the newly created fair price shop on bifurcation. 2. 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. - 2 W.P.Nos;275l0of2024 & batch Dt: 06.01.2025 II. Some of the shop, but their 800. While viability to cardholders mi number was migrated from not excluded while out of area of the fair price counting the number III. providing the number of cards on bifurcation the the fair price shop which i economic 's the object of G. dated 17.09.2017 0-Ms.No.35, Supplies (CS-I) Food & Civil Supplies of Consumer Affairs, O.O.Ms.No.lO Food & Civil of Consumer Affairs, Department, (CS-I) Department, The points rai dated 03.09.2024 '■a'sed in the objections w/as not considered. IV. were not answered. V. The concerned authority mentioned that by other schemes government economic viability is secured products as such as by selling the P®'' requirement of, ®=aid Shop in the interest Of their ''ke 5 kgs LPG Department of Food specified by the residents/cardholders i self-reliance sales and in the limits of and taking up services cylinders, retail postal/IPPB services through but as they are not allotted regularization of the and Public Distribution not part of the scheme and they are answer do not After bifurcation, price shop shops, such meet the objection, the minimurii r Vi. number of cards to he attached per G.O.Ms.No.35 fo a fair dated 17.09.2007 which still holds good and followed i Previously, ration in G.O.Ms.No.IO has not been adhered to. were included in the Poce shop. Whereas and to cards to persons above poverty line (BPL) attached to API issued number of cards are no ration now there cards of cards compensate such number, the IS not increased by the number of BPL same' nupiber. The minimum number number of APL an, economic viability of BPL cards is i ensured unless the mi with the total cannot be - increased on in the G.O.Ms.No.35 par and BPL cards i Keeping them i Sri Vineeth arguments. After •a view, the learned 'earned Assist having been counsels for the Appasani, writ petitioners Pleader and ant Government satisfied that i advanced cases, the 'n rnost of the \ W.P.Nos:27510 of 2024 & batch Dt; 06.01.2025 not meeting the objection not duly answered or they are , to secure the uniforrhity in regularization of the fair price while achieving their objections were raised by the dealers shops and their bifurcations in conformity with the G.O.s disposed of by setting aside the proceedings shop(s) of the petitioner(s) with objectives, the writ petitions are these writ petitions insofar as the impugned in the following directions; a) Cards of the dead person(s): submit the explanation to the cards with the card number/ i. The petitioner(s)/dealer(s) has/have to concerned authority with the detaiis of the ration authorities have to examine the same name(s) of the cardholder etc. Then the card from the shop of the dealer where the sole cardholder and delete the and retain the card(s) where any of the family of the deceased cardholder died is drawing the commodity. b) Cards of the migrated person(s); raised the objections that the number deciding the figure 800 for the shall take the average figure of 12 months period i.e. from of identifying the figure 800. i. Since the most of the dealers cards shall be excluded while of migration of the shops, the DSO purpose of bifurcation the number of cards availed during the last September, 2023 to August, 2024 for the purpose that while examining the most of the dealers have a grievance ic viability, in G.O.Ms.No.35 apart from BPL cards, APL ii. Since element of economic cards were whereas inspite of increase in the also taken into consideration .No.10 has not considered the economic not existing and in G.O.Ms.No.10 the shop, G.O.Ms expenses to run viability insofar as APL cards which are now the relating to BPL cards alone is stated. Therefore, to balance he deviating from G.O.Ms.No.10, the objection of the dealers maximum figure 450 for rural area, the figures interest, without with regard to the same 550 for urban area figure to be allotted can be meted if and 650 for corporation area is to the existing shop on bifurcation. is considered as the minimum 4 W.P.Nos:27510 of 2024 & batch Dt; 06.01.2025 C) On submission of such month, the authorities shall pass appropriate order within two weeks thereafter. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. representations by the dealers within one answer each objection raised by the dealer and JUSTICE B.S.BHANUMATHI Date: 06.01.2025 DSV