IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B. S. BHANUMAThii^^^^^ WRIT PETITION NO: 3261 OF 2025 ^ m -O' ; V?' . 4 .--3 O Cx Between: Ravipati Kondaiah, S/o. Late Adinarayana, Aged about 36 years, Occ: Fair Price Shop Dealer, Shop No. 0813022, R/o. D. No. 2-9, Samanthapudi Village, Darsi Mandal, Kanigiri Division, Prakasam District ...PETITIONER(S) 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 Supplied, A.P. State Civil Supplies Corporation Ltd, D. No. 10-152/1, Civil Supplies Bhavan, 3^^^ Floor, Sri Sai Towers, Beside SIRIS Company, Kanuru, Vijayawada, Krishna District - 520007. 3. The District Collector and Magistrate, Prakasam, Prakasam District. 4. The Revenue Divisional Officer, Kanigiri Division, Prakasam District. 5. The Tahsildar, Darsi Mandal, Prakasam 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 may be pleased to issue a Writ of Mandamus or any other appropriate Writ Order or direction declaring the: Action of the 3^^^ respondent in issuing proceedings Vide Rc.No.CS3/98/2024, dated 10.01.2025, is contrary to the Go. Ms. No. 10 dated 03.09.2024 is illegal, arbitrary, unconstitutional and violation of principles of natural justice consequently set aside the same. lA NO: 1 OF 2025 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 proceedings issued by the respondent vide proceedings with Vide Rc.No.CS3/98/2024, dated 10.01.2025,pendin g disposal of the main Writ Petition. Counsel for the Petitioner: SRI MULLA SOHAIL SHAREEF Counsel for the Respondent Nos.1, 3 to 5: GP FOR CIVIL SUPPLIES Counsel for the Respondent No.2: SRI P. HEMACHANDRA, SC FOR APSCSCL The Court made the following: ORDER APHC010055402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] MONDAY ,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 3261/2025 Between: ...PETITIONER Ravipati Kondaiah AND ...RESPONDENT(S) The State of Andhra Pradesh and Others Counsel for the Petitioner: 1.MULLASOHAILSHAREEF • Counsel for the Respondent(S):' 1.GP FOR CIVIL SUPPLIES The Court made the following: 2 W.P.No.3261 of 2025 I: ORDER: The writ petition is filed under Article 226 of Constitution of India seeking the following relief; “...to issue a Writ of Mandamus or any other appropriate writ order or direction declaring the action of the 3'^'^ respondent in issuing proceedings vide Rc.No.CS3/98/2024, dated 10.01.2025, in contrary to the Go.Ms.No.10 dated 03.09.2024 as illegal, arbitrary, unconstitutional and violation of principles of natural justice consequently set aside the same, and pass...” The case of the petitioner is briefly as follows: 02. The petitioner was appointed as dealer of fair price shop th Samanthapudi Village, Darsi Mandal, by the 4 respondent issued a notice vide No.0813022 respondent. While so, the 5 R.C.B/286/2024, dated 05.10.2024 stating that as per orders vide th RC.CS3/98/2024, dated 30.09.2024, bifurcation of fair price shops is taking place, which have more than 800 cards, and as there are 990 cards in petitioner’s fair price shop and further directing the petitioner to submit objections within 3 days from the receipt of notice. The petitioner submitted his explanation on 07.10.2024 along with the signatures of the villagers, stating that there is no inconvenience to the villagers to get fair price goods from him. Without considering the same, the impugned order of bifurcating the petitioner’s fair price shop was passed by the 3 respondent vide Rc.No.CS3/98/2024, dated 10.01.2025. Thus, the writ petition was filed. rd W.P.No.3261of2025 ^ 03. The learned counsel for the petitioner submitted that when the explanation was submitted by the petitioner, he had failed to submit that number of death and migrant cads were not deleted from the total cards attached to the fair price shop of the petitioner and may be given to the petitioner to submit a fresh explanation as it i: required to find out the exact number of cards available for making bifurcation. He further submitted that the number of cards the petitioner in the impugned order was economically viable for running his family. He further stated that all the villagers have representation signed by them to retain single shop and not to bifurcate the shop stating that the petitioner had been attending to the needs the cardholders and not causing any inconvenience. The learned Assistant Government Pleader for Civil Supplies placed on record the written instruction of the 3'"^ 10.02.2025. and submitted that bifurcation norms and the impugned proceeding does not require any interference. As can be seen from the record, the petitioner had not about the death cards and the migration cards in his explanation and as such the same has not been considered by the authorities, cannot be last sight, as no such exercise has been independently done by the authorities. This Court previously had given instructions to consider such exercise before identifying the shops for bifurcation ascertaining actual figure of 800 existing cards by Order 06.01.2025 in W.P.No.27510 of 2024 and batch, present case, only three days time was given after receipt of notice for subtrnssion of explanation by the petitioner. In fact, circular instructions vide CCS.Ref.No.FCS02-N021/21/1/2024-AD. dated 11.09.2024 given by the 2"" respondent to provide time of seven days and withdraw list of an opportunity IS attached to submitted of 04. respondent, dated was done as per the existing 05. mentioned But, it on dated Moreover, in the , were 4 W.P.No.3261 of 2025 •P the notices, in which only three days time was given, however, no fresh notice has been given to the petitioner giving due time to submit his explanation. Considering all the facts and circumstances, the writ petition is allowed and the impugned order dated 10.01.2025 is set aside with a direction to the petitioner to submit fresh explanation within ten (10) days from the date of receipt of copy of this Order, upon which, a fresh order shall be passed by the concerned authority answering all the objections raised by the petitioner and following the directions in the order of this Court dated 06.01.2025 in W.P.No.27510 of 2024 and batch. 06. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. SD/-AVIJAYABABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Consumer Affairs and Civil Supplies Department, State of Andhra Pradesh, Secretariat Buildings Velagapudi, Amaravati, Guntur District. n°M Supplies, A.P. State Civil Suppiies Corporation Ltd, D, No_ 10-152/1, Civil Supplies Bhavan, 3"^ Floor, Sri SalToviiers, beside bIRIS Company, Kanuru, Vijayawada, Krishna District - 520007. 3. The District Collector and Magistrate, Prakasam, Prakasam District. 4. The Revenue Divisional Officer, Kanigiri Division, Prakasam 5. The Tahsildar, Darsi Mandal, Prakasam District 6. One CC to Sri Mulla Sohail Shareef, Advocate [OPUC] 7. One CC to Sri P. Hema Candra, SC for APSCSCL[OPUC] 8. Two CCS to GP for Civil Supplies, High Court of Andhra Pradesh. 9. Three CD Copies. District. [OUT] ssb HIGH COURT DATED:10/02/2025 ORDER WP.No.3261 of 2025 2 8 FEB 2025 o to . Curreni secuon ?^SPATC\^ ALLOWING THE W.P. WITHOUT COSTS