APHC010002912025 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. REDDI SRINIVASA RAO,, S/O. LATE LAKSHMUM NAIDU, BC COLONY, PENUBARATHI VILLAGE, GURLA MANDAL, VIZAYANAGARAM, ANDHRA PRADESH 1. THE STATE OF ANDHRA PRADESH, REP BY ITS EX PRINCIPAL SECRETARY, SUPPLIES DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER, AP STATE CIVIL SUPPLIES CORPORATION LTD D.NO.10-152/1 CIVIL SUPPLIES BHAVAN, 3RD FLOOR, SRI SAI TOWERS, BESIDE SI ROAD, KANURU, VIJYAWADA 3. THE VICE CHAIRMAN AND MANAGING DIRECOR, FOR THE STATE OF A.P.CIVIL SUPPLIES CORPORATION LTD., D.NO.10 SUPPLIES BHAVAN, 3RD FLOOR, SRI SAI TOWERS, BESIDE SIRIS COMPANY, ASHOK NAGAR,BANDAR ROAD, KANURU, VIJYAWADA- 520 007. 4. THE DISTRICT COLLECTOR, VIZAINAGARAM DISTRICT. 5. THE JOINT COLLECTOR, APPOINTING/ LICENCING AUTHORITY FOR FAIR PRICE SHOPS VIZIANAGARAM DISTRICT 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 114/2025 REDDI SRINIVASA RAO,, S/O. LATE LAKSHMUM NAIDU, BC COLONY, PENUBARATHI VILLAGE, GURLA MANDAL, VIZAYANAGARAM, ANDHRA PRADESH-535101 ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP BY ITS EX PRINCIPAL SECRETARY, CONSUMER AFFAIRS FOOD AND CIVIL SUPPLIES DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. THE COMMISSIONER, AP STATE CIVIL SUPPLIES CORPORATION 152/1 CIVIL SUPPLIES BHAVAN, 3RD FLOOR, SRI SAI TOWERS, BESIDE SIRIS COMPANY, ASHOK NAGAR, BANDAR ROAD, KANURU, VIJYAWADA- 520 007, THE VICE CHAIRMAN AND MANAGING DIRECOR, FOR THE STATE OF A.P.CIVIL SUPPLIES CORPORATION LTD., D.NO.10 SUPPLIES BHAVAN, 3RD FLOOR, SRI SAI TOWERS, BESIDE SIRIS ASHOK NAGAR,BANDAR ROAD, KANURU, 520 007. THE DISTRICT COLLECTOR, VIZAINAGARAM DISTRICT. THE JOINT COLLECTOR, APPOINTING/ LICENCING AUTHORITY FOR FAIR PRICE SHOPS VIZIANAGARAM DISTRICT RC,J W.P.No.114 of 2025 IN THE HIGH COURT OF ANDHRA PRADESH [3332] WEDNESDAY,THE EIGHTEENTH DAY OF FEBRUARY THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI REDDI SRINIVASA RAO,, S/O. LATE LAKSHMUM NAIDU, BC COLONY, PENUBARATHI VILLAGE, GURLA MANDAL, ...PETITIONER THE STATE OF ANDHRA PRADESH, REP BY ITS EX-OFFICIO CONSUMER AFFAIRS FOOD AND CIVIL SUPPLIES DEPARTMENT SECRETARIAT BUILDINGS, THE COMMISSIONER, AP STATE CIVIL SUPPLIES CORPORATION 152/1 CIVIL SUPPLIES BHAVAN, 3RD FLOOR, SRI SAI RIS COMPANY, ASHOK NAGAR, BANDAR THE VICE CHAIRMAN AND MANAGING DIRECOR, FOR THE STATE OF A.P.CIVIL SUPPLIES CORPORATION LTD., D.NO.10-152/1 CIVIL SUPPLIES BHAVAN, 3RD FLOOR, SRI SAI TOWERS, BESIDE SIRIS ASHOK NAGAR,BANDAR ROAD, KANURU, THE DISTRICT COLLECTOR, VIZAINAGARAM DISTRICT. THE JOINT COLLECTOR, APPOINTING/ LICENCING AUTHORITY RC,J W.P.No.114 of 2025 2 6. THE REVENUE DIVISIONAL OFFICER, R D O OFFICE CHIPURUPALLI, VIZIANAGARAM DISTRICT. 7. THE TAHASILDAR, GURLA MANDAL VIZIANAGARAM DISTRICT. ...RESPONDENT(S): 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 tomay be pleased to issue writ or direction preferably one in the nature of writ of mandamus declaring the proceedings of the respondent Nos. 6 and 7 to bifurcate/rationalize of the petitioner fair price shop No.0221008 which is located at Penubarthi village Vijayanagaram District to appoint new dealers without conducting door to door enquiry, wihtout deleting the death and migrated persons in the petitioners shop jurisdiction, without considering the petitioners explanation dated 08-10-2024 without following the guidelines in G.O.MsNo.52 dated 18-12-2008 are illegal and arbitrary, conseqently direct the respondent Nos. 6 and 7 not to bifurcate/rationalize the petitioners fair price shop No.0221008 located in Penubarthi village, Gurla Mandal, Vijayanagaram District without conducting enquiry about the death and migrated ration card holders within the jurisdiction of the petitioners shop and pass such other orders and pass such IA 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 be pleased direct the respondent Nos. 6 and 7 not to conduct examination on 05-01-2025 or any other subsequent date to appoint new dealers to the petitioners’ fair price shop No.0221008 located in Penubarthi village, Gurla Mandal, Vijayanagaram District during the pendency of the above main writ petition and pass such Counsel for the Petitioner: 1. PECHATHY RANGA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR CIVIL SUPPLIES ORDER RC,J W.P.No.114 of 2025 3 This writ petition is filed challenging the action of respondent nos. 6 & 7 in trying to bifurcate/rationalize the petitioner’s Fair Price Shop No.0221008 located in Penubarthi Village, Gurla Mandal, Vizianagaram District for the purpose of appointing new dealers without following the guidelines in G.O.Ms.No.52, dated 18.12.2008. 2. Heard Sri P.Ranga Rao, learned counsel for the petitioner, and Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies. 3. Both the learned counsel fairly conceded that the issue covered in this writ petition is squarely covered by the orders dated 06.01.2025 passed by a coordinate bench of this Court in Writ Petition No.27510 of 2024 and prayed to dispose of this writ petition also on the similar lines. 4. In view of the submission made by both the learned counsel, this writ petition is also disposed of in similar lines and for the reasons stated in Writ Petition No.27510 of 2024. 5. Since 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, for the reasons stated in the Writ Petition No.27510 of 2024, this writ petition is disposed of, setting aside the impugned endorsement/proceeding with the following directions: RC,J W.P.No.114 of 2025 4 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 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 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 RC,J W.P.No.114 of 2025 5 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. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI 18th February, 2026. RR