APHC010803352018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 38765/2018 Between: 1. B. POMPAPATHY, S/O. B. CHINNA NAGAPPA, HINDU, AGED ABOUT 53 YEARS, FAIR PRICE SHOP DEALER, (SHOP NO.26) R/O. GANEKALLU VILLAGE, ADONI MANDAL, KURNOOL DISTRICT. 2. T. ASHOK KUMAR, S/O. URUKUNDAPPA, HINDU, AGED ABOUT 25 YEARS, FAIR PRICE SHOP DEALER (SHOP NO.10) R/O. DODDANAKERI VILLAGE, ADONI MANDAL, KURNOOL DISTRICT. 3. B. BABU, S/O. B. SRINIVASULU, AGED 23 YEARS, OCC.FAIR PRICE SHOP DEALER,( SHOP NO. 14) KAPATI VILLAGE, ADONI MANDAL, KURNOOL DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, HYDERABAD. 2. THE DISTRICT COLLECTOR, KURNOOL, KURNOOL DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, ADONI, KURNOOL DISTRICT. 4. THE TAHSILDAR, ADONI MANDAL, KURNOOL DISTRICT. ...RESPONDENT(S): 2 VS,J W.P.No.38765 of 2018 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 to to issue a Writ order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in issuing notification Rc.No.CS3/423/2018, Dt. 19.10.2018 calling for applications for the newly created Fair Price shop No. 1323055 of Doddanakeri Village, Fair Price Shop No. 1323060 of Ganekal Village and Fair Price Shop No.1323062 of Kapati Village of Adoni Mandal, Kurnool District without any order of bifurcating the Fair Price Shops of the writ petitioners is illegal, arbitrary and violation of principles of natural justice and consequently set aside the Notification in Rc.No.CS3/423/2018, Dt. 19.10.2018 in respect of the newly created Fair Price shop No. 1323055 of Doddanakeri Village, Fair Price Shop No. 1323060 of Ganekal Village and Fair Price Shop No.1323062 of Kapati Village of Adoni Mandal, Kurnool District, 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 Notification in Rc.No.CS3/423/2018, Dt. 19.10.2018 issued by the 3rd respondent in respect of the newly created Fair Price shop No. 1323055 of Doddanakeri Village, Fair Price Shop No. 1323060 of Ganekal Village and Fair Price Shop No.1323062 of Kapati Village of Adoni Mandal, Kurnool District, pending disposal of the above writ petition and pass Counsel for the Petitioner(S): 1. K V RAGHU VEER Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES (AP) The Court made the following: 3 VS,J W.P.No.38765 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 3rd respondent in issuing notification Rc.No.CS3/423/2018, Dt. 19.10.2018 calling for applications for the newly created Fair Price shop No. 1323055 of Doddanakeri Village, Fair Price Shop No. 1323060 of Ganekal Village and Fair Price Shop No.1323062 of Kapati Village of Adoni Mandal, Kurnool District without any order of bifurcating the Fair Price Shops of the writ petitioners is illegal, arbitrary and violation of principles of natural justice and consequently set aside the Notification in Rc.No.CS3/423/2018, Dt. 19.10.2018 in respect of the newly created Fair Price shop No. 1323055 of Doddanakeri Village, Fair Price Shop No. 1323060 of Ganekal Village and Fair Price Shop No.1323062 of Kapati Village of Adoni Mandal, Kurnool District, and pass….” 2. The 1st petitioner herein was appointed as a permanent fair price shop dealer of shop No.26 of Ganekallu village, Adoni mandal, Kurnool district in the year 1991 by the 3rd respondent. Likewise, the 2nd petitioner was appointed as a permanent fair price shop dealer of shop No.10 of Doddanakeri village, Adoni mandal, Kurnool district in the year 2010 by the 3rd respondent. Similarly, the 3rd petitioner was appointed as a permanent fair price shop dealer of shop No.14 of Kapati village, Adoni mandal, Kurnool district in the year 2016 by the 3rd respondent. Ever since the date of their appointment, the petitioners have been distributing essential commodities to 4 VS,J W.P.No.38765 of 2018 the cardholders, without there being any complaint from whomsoever concerned. 3. While the matter stood thus, the 3rd respondent issued notification vide Rc.No.CS3/423/2018, dated 19.10.2018 to fill up the vacancies of fair price shop dealers which fell vacant due to various reasons. The grievance of the petitioner is that without there being any notification from the 2nd respondent creating new fair price shops, the 3rd respondent, included shop No.1323055 in Dodanakal village, No.1323060 in Ganekal village and No.132062 in Kapati village in the notification dated 19.10.2018 and called for applications from the candidates for appointment of a dealer to the said newly created fair price shops, without even bifurcating the existing fair price shops of the petitioners. Aggrieved by the said action of the respondent authorities, the present petition is filed. 4. When the writ petition came up for hearing on 01.11.2018, this Court was pleased to pass an interim order, directing the respondents not to announce the results of selection of the dealership for fair price shop No.1323055 in Dodanakal village, No.1323060 in Ganekal village and No.132062 in Kapati village. 5. The 4th respondent has filed a detailed counter affidavit stating that as per G.O.Ms.No.35, dated 17.09.2007, each village shall have at least one fair price shop with a minimum of 400 BPL cards and 50 APL cards; if there are 5 VS,J W.P.No.38765 of 2018 more number of cards than the minimum prescribed number of cards in a village, then there can be two fair price shops, provided the total number of BPL cards in that village are not less than 600. It is further stated that in the case on hand, the total number of cards are above 700 and for the convenience of the cardholders, the fair price shops were bifurcated. The petitioners’ fair price shops were bifurcated as under: Sl.N o. 1st/2nd/3rd Petitioner Fair price shop number Total number of cards before bifurcation Total number of cards after bifurcation Fair price shop number of newly created shops Total number of cards attached 1 1st Petitioner 1323026 714 381 1323060 361 2 2nd Petitioner 1323010 742 381 1323055 361 3 3rd Petitioner 1323014 628 360 1323062 268 6. It is further stated in the counter affidavit that the total number of cards remaining in the fair price shop Nos.1323026, 1323010 and 1323014 are 381, 381 and 360 respectively. The District Collector, Kurnool, vide proceedings dated 23.08.2018 has created new fair price shop Nos.1323060, 1323055 and 1323014 with 361, 361 and 268 cards each. As such, requested to dismiss the writ petition. 7. Heard Mr. K.V. Raghuveer, learned counsel for the petitioners and learned Assistant Government Pleader for Civil Supplies. 8. Admittedly, the petitioners herein have been distributing essential commodities to the cardholders through their respective fair price shops from almost a decade. While so, the impugned notification dated 19.10.2018 was 6 VS,J W.P.No.38765 of 2018 issued by the 3rd respondent calling for applications from eligible candidates to fill up vacant posts of fair price shop dealers. In the said notification, the 3rd respondent called for applications to fill up the post of fair price shop dealer of shop No.1323055 in Dodanakal village, shop No.1323060 in Ganekal village and shop No.132062 in Kapati village, wherein, the petitioners are already distributing essential commodities to the cardholders. It is the contention of the petitioners that the respondent authorities, without issuing any notification bifurcating the petitioners’ fair price shops, has straightaway included the aforementioned new fair price shops in the impugned notification. On the other hand, the respondent No.4 admitted in the counter affidavit that the said bifurcation was not intimated to the petitioner and further contended that the impugned notification was issued by duly following the conditions mentioned in G.O.Ms.No.35, Consumer Affairs, Food and Civil Supplies (CS-I) department dated 17.09.2007 and the relevant portion of the said government order reads as under: “6(v) Each Gram Panchayat (vg) should have at least one F.P. Shop with a minimum of 400 BPL cards and 50 APL cards. In case, there are more number of cards in excess of the minimum number of cards i.e., 400 BPL and 50 APL in a village there can be two FP shops provided the total number of BPL cards in that village not less than 600 and the number of BPL and APL cards should be attached to the two fair price shops equally.” 9. It is brought to the notice of this Court by learned Assistant Government Pleader that subsequently, G.O.Ms.No.10, Consumer Affairs, Food and Civil Supplies (CS-I), department, dated 03.09.2024 was issued approving the 7 VS,J W.P.No.38765 of 2018 proposal of Commissioner of Civil Supplies, Andhra Pradesh for rationalization and creation of about 2774 fair price shops and to provide budged for an amount of Rs.11.51 crores @41,500 per shop for procuring ePoS device cum weighing scale, paper rolls, sim card etc. and to provide additional budget of Rs.1.21 crores for annum towards recurring monthly expenditure on ePoS device maintenance. 10. However learned Assistant Government Pleader has furnished a copy of the order passed by this Court in W.P.No.27510 of 2024 and batch wherein, this Court has passed the following order: “After having been satisfied that in most of the cases, the 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 DSO 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 economic viability insofar as APL 8 VS,J W.P.No.38765 of 2018 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. 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.” 11. In view of the aforesaid decision rendered by this Court and keeping in view G.O.Ms.No.10, Consumer Affairs, Food and Civil Supplies (CS-I), department, dated 03.09.2024, the impugned notification is set-aside only with regard to filling vacant posts for fair price shop No.1323055 in Dodanakal village, No.1323060 in Ganekal village and No.132062 in Kapati village. However, the respondent authorities are at liberty to bifurcate the fair price shops of the petitioners and to issue a fresh notification for filling up the vacant posts, in accordance with the referred supra and in accordance with G.O.Ms.No.10, Consumer Affairs, Food and Civil Supplies (CS-I), department, dated 03.09.2024. 12. Accordingly, this writ petition is allowed. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ______________________ JUSTICE V.SUJATHA 04.11.2025 Gss