APHC010527822021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 207/2022 Between: Andhara Pradesh Fair Price Shop and Others ...PETITIONERS AND The State Of Andhra Pradesh and Others ...RESPONDENTS Counsel for the Petitioner: 1. M M M SRINIVASA RAO Counsel for the Respondents: 1. MD.SALEEM SC For APSCSC Limited,Vijayawda 2. GP FOR CIVIL SUPPLIES WRIT PETITION No:1410/2022 Between: Andhra Pradesh Chowka Dharala Dukanadarula Sanghala Samkshema Samakya (APCDDSSS) ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENTS Counsel for the Petitioner: 1. MANDAPATI MURALI KRISHNA Counsel for the RespondentS: 1. P HEMA CHANDRA (SC FOR CIVIL SUPPLIES CORP LTD) 2. GP FOR CIVIL SUPPLIES The Court made the following: -2- W.P. Nos.207 and 1410 OF 2022 Date of order:26.11.2025 THE HON’BLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.207 OF 2022 & WRIT PETITION No.1410 OF 2022 COMMON ORDER: 1. The issue in both these writ petitions is one and the same. Hence, these matters are taken up together for hearing and disposal. 2. The prayer in W.P. No.1410 of 2022 is as under: “….this Hon’ble Court may be issued Writ or direction preferably Writ of Mandamus, declaring the G.O. Ms. No.10 (Consumer Affairs, Food & Civil Supplies (CS-1) Department) dt.24.08.2020 issued by the 1st respondent to the extent of Clause 12(vii) directing to recollect gunny bags from FPS dealers across the state every month contrary to the earlier G.O. Ms. No.71, dt.23.09.1999 and G.O. Ms. No.24 (Consumer Affairs, Food and Civil Supplies (CS-1) Department dt.19.07.2008 is illegal, arbitrary and violative of principles of natural justice and consequently set aside the said clause 12 of sub-clause 12 of sub-clause (vii) of G.O. Ms. No.10, dt.24.08.2020 and pass such other or further orders….” 3. The prayer in W.P. No.207 of 2022 is as under: “....this Honble Court may be issued Writ or direction preferably Writ of mandamus declaring the G.O.Ms.No.10 Consumer Affairs, Food and Civil Supplies (CS1) Department, Dt.24.8.2020 issued by the 1strespondent to the extent of Clause 12 -3- W.P. Nos.207 and 1410 OF 2022 Date of order:26.11.2025 (vii)directing to recollect gunny bags from FPS dealers across the State every month and consequential proceedings issued by the 4threspondent vide Lr.No.Mktg/Gunnies/2020-21/CSC, dt.05.11.2021 appointing the 5threspondent as special officer for monitoring the collection of gunny bags from the FP Shops as illegal and contrary to the earlier G.O.Ms.No. 71, dt.23.09.1999 and G.O.Ms.No.24,(Consumer Affairs, Food and Civil Supplies (CS1) Department, dt.19.07.2008 and violative of principles of natural justice and consequently set aside the said clause 12 of sub-clause (vii) of G.O.Ms. No.10, dt.24.08.2020 and pass such other order or orders....” 4. The petitionersare the Andhra Pradesh Fair Price Shop DealersWelfare Association and the Andhra Pradesh Chowka Dharala Dukanadarula Sanghala Samkshema Samakya (APCDDSSS).The case of the petitioners is that the fair price shop dealers have been supplying essential commodities to ration cardholders, for which the dealers were provided a margin and permitted to retain gunny bags, which provided them an additional source of income.The said margin was enhanced from Rs.7.38ps. to Rs.12.92ps., outside the Metropolitan Area and from Rs.11.57ps to Rs.17.11ps in Metropolitan area, including retention of gunny bags, vide G.O.Ms. No.71 F.CS & CA (CS-I) Department, dt.28.09.1999 and the margin further enhancedto Rs.20/- outside Municipal Corporations and Rs.25/- within Municipal Corporations, under G.O. -4- W.P. Nos.207 and 1410 OF 2022 Date of order:26.11.2025 Ms. No.24, Consumer Affairs, Food and Civil Supplies (CS.I) Department, dt.19.07.2008, whereby the retention of gunny bags was also continued. Subsequently, after eight years, the 1st respondent, following the National Food Security Act, 2013, has issued G.O. Ms. No.10, dt.24.08.2016 enhancing the margin from Rs.20/- to Rs.70/-, further issued G.O. Ms. No.4, dt.17.02.2019 enhancing the margin from Rs.70/- to Rs.100/- per quintal. 5. While so, the 2nd respondent issued a Circular dt.05.05.2020 directing recollection of gunny bags at Rs.16/- per bag and prohibited to buy or sell the gunnies stencilled with APSCSCL logo, later revised to Rs.20/- per bagvide Circular dt.12.05.2021. Further, the 1st respondent issued G.O.Ms.No.10 dated 24-08-2020 introducing the mobile dispensing unit vehicle system and mandated monthly recollection and auction of gunny bags by the Corporation. In the said G.O., as per clause 12 sub-clause (vii) the Corporation has to collect the gunny bags from fair price shop dealers across the State every month and auction them in order to generate additional revenue. The said G.O.Ms.No.10, dt.24.08.2020, is contrary to the earlier G.O.Ms. No.71, dt.23.09.1999 and G.O.Ms. No.24, dt.19.07.2008 and hence, prayed to allow these writ petitions by setting aside the clause 12 of sub-clause (vii) of G.O.Ms. No.10, dt.24.08.2020 as G.O.Ms. No.10 was issued without any notice to the petitioner. -5- W.P. Nos.207 and 1410 OF 2022 Date of order:26.11.2025 6. Respondents 1 to 3 have filed their detailed counters, inter alia, stating that the G.O. Ms.No.10 dated 24-08-2020 has been issued directing the APSCSCL to recollect the gunny bags from fair price shop dealers to generate additional revenue. Prior to the issuance of the G.O., gunny bags were retained with the fair price shop dealers. However, with mobile dispensing units handling doorstep delivery, the bags are emptied at the point of the mobile dispensing unit operators and ownership of these bags has always vested with the State or APSCSCL.The margins payable to fair price shop dealers have been increased over the years through various G.Os.,in accordance with the National Food Security Act, 2013. These changes comply with existing government orders and do not conflict with previous regulations and hence, thesewrit petitions lack merit and are liable to be dismissed. 7. When the matter was taken up for hearing, the learned Assistant Government Pleader for Civil Supplies has furnished a copy of the written instructions, wherein it is stated that the mandatory recollection of used empty gunny bags from fair price shop dealers has been suspended and is not being continued by the respondents. It is further submitted that the used empty gunny bags are being retained and sold in the open market by the fair price shop dealers. 8. Considering the same, this Court is of the opinion that the very existence of the G.O. Ms. No.10, dt.24.08.2020 is not valid and -6- W.P. Nos.207 and 1410 OF 2022 Date of order:26.11.2025 hence, G.O. Ms. No.10, dated 24.08.2020, is set aside, leaving it open to the respondents to initiate further action in accordance with law, after issuing due notice to the fair price shop dealers. 9. Accordingly, these writ petitions are allowed. No costs. 10. Miscellaneous petitions, if any, pending in these petitions shall stand closed. ___________________ JUSTICE V. SUJATHA BV