APHC010573382024 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. BANDARU RAJ KUMAR, S/O. SURYANARAYANA, AGED ABOUT 49 YEARS, R/O. H.NO.4 CHEEPURUPALLI VILLAGE, PARVADA MANDAL, ANAKAPALLI DISTRICT, ANDHRA PRADESH. 2. GANDI SANYASAMMA,, W/O. APPA RAO, AGED ABOUT 52 R/O. H.NO.7-62/A, UPPUGANDI VARI STREET, PARVADA, ANAKAPALLI DISTRICT, ANDHRA PRADESH. 3. PAILA RAMANAYYAMA,, W/O. SATYANARAYANA, AGED ABOUT 55 YEARS, R/O.H.NO.4 PARVADA MANDAL, ANAKAPALLI DISTRICT, ANDHRA PRA 4. RAVADA YAMUNA,, D/O. GURUMURTHY, AGED ABOUT 32 YEARS, R/O. H.NO.4-78, PEDAMUSHIDIVADA, ANAKAPALLI DISTRICT, ANDHRA PRADESH. 5. GORUPUTI VENKI NAIDU,, S/O.APPANNA, AGED ABOUT 73 YEARS, R/O. VENNALAPALEM POST, PARVADA, VISAKHAPATNAM, ANDHRA PRADESH. 6. G.KATTUMURI BHAVANI,, W/O. NOOKESWARARAO, AGED ABOUT 36 YEARS, EEDURUPAKA BONANGI, AGNAMPUDI, VISAKHAPATNAM. 7. BOKKAM VENKAT RAO,, FP SHOP DEALER, F.P SHOP. NO. 0323003, GULLAPALLI VILLAGE, SABBAVARAM MANDAL, 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 29804/2024 BANDARU RAJ KUMAR, S/O. SURYANARAYANA, AGED ABOUT 49 YEARS, R/O. H.NO.4-29, PEDDINTI VARI VEEDHI, CHEEPURUPALLI VILLAGE, PARVADA MANDAL, ANAKAPALLI DISTRICT, ANDHRA PRADESH. GANDI SANYASAMMA,, W/O. APPA RAO, AGED ABOUT 52 62/A, UPPUGANDI VARI STREET, PARVADA, ANAKAPALLI DISTRICT, ANDHRA PRADESH. PAILA RAMANAYYAMA,, W/O. SATYANARAYANA, AGED ABOUT 55 YEARS, R/O.H.NO.4-98A, SIRAPUVARI STREET, PARVADA, PARVADA MANDAL, ANAKAPALLI DISTRICT, ANDHRA PRA RAVADA YAMUNA,, D/O. GURUMURTHY, AGED ABOUT 32 YEARS, 78, PEDAMUSHIDIVADA, ANAKAPALLI DISTRICT, ANDHRA PRADESH. GORUPUTI VENKI NAIDU,, S/O.APPANNA, AGED ABOUT 73 YEARS, R/O. VENNALAPALEM POST, PARVADA, VISAKHAPATNAM, PRADESH. G.KATTUMURI BHAVANI,, W/O. NOOKESWARARAO, AGED ABOUT 36 YEARS, EEDURUPAKA BONANGI, AGNAMPUDI, VISAKHAPATNAM. BOKKAM VENKAT RAO,, FP SHOP DEALER, F.P SHOP. NO. 0323003, GULLAPALLI VILLAGE, SABBAVARAM MANDAL, RC,J W.P.No.29804 of 2024 IN THE HIGH COURT OF ANDHRA PRADESH [3332] WEDNESDAY,THE FOURTH DAY OF FEBRUARY THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI BANDARU RAJ KUMAR, S/O. SURYANARAYANA, AGED ABOUT 49 29, PEDDINTI VARI VEEDHI, CHEEPURUPALLI VILLAGE, PARVADA MANDAL, ANAKAPALLI GANDI SANYASAMMA,, W/O. APPA RAO, AGED ABOUT 52 YEARS, 62/A, UPPUGANDI VARI STREET, PARVADA, PAILA RAMANAYYAMA,, W/O. SATYANARAYANA, AGED ABOUT 55 98A, SIRAPUVARI STREET, PARVADA, PARVADA MANDAL, ANAKAPALLI DISTRICT, ANDHRA PRADESH. RAVADA YAMUNA,, D/O. GURUMURTHY, AGED ABOUT 32 YEARS, 78, PEDAMUSHIDIVADA, ANAKAPALLI DISTRICT, GORUPUTI VENKI NAIDU,, S/O.APPANNA, AGED ABOUT 73 YEARS, R/O. VENNALAPALEM POST, PARVADA, VISAKHAPATNAM, G.KATTUMURI BHAVANI,, W/O. NOOKESWARARAO, AGED ABOUT 36 YEARS, EEDURUPAKA BONANGI, AGNAMPUDI, BOKKAM VENKAT RAO,, FP SHOP DEALER, F.P SHOP. NO. 0323003, GULLAPALLI VILLAGE, SABBAVARAM MANDAL, RC,J W.P.No.29804 of 2024 2 ANKAPALLI DISTRICT. 8. DADI APPALA NAIDU,, FP SHOP DEALER, FP SHOP. NO. 0323020, BANGARAMMAPALEM VILLAGE, SABBAVARAM MANDAL, ANAKAPALLI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS EX-OFFICIO SECRETARY, CONSUMER AFFAIRS FOOD AND CIVIL 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 SIRIS COMPANY, ASHOK NAGAR, BANDAR ROAD, KANURU, VIJAYAWADA - 520007. 3. THE DISTRICT COLLECTOR CIVIL SUPPLIES, ANAKAPALLI DISTRICT. 4. THE REVENUE DIVISIONAL OFFICER CIVIL SUPPLIES, ANAKAPALLI DIVISION, ANAKAPALLI DISTRICT. 5. THE TAHASILDARCIVIL SUPPLIES, PARVADA MANDAL, ANAKAPALLI DISTRICT. 6. THE TAHASILDAR CIVIL SUPPLIES, SABBAVARAM MANDAL, ANAKAPALLI 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 to issue a Writ of Mandamus or any other appropriate Writ Order or direction declaring the action of the respondent in issuing endorsements all even dated 19.11.2024 vide proceedings Rc.No.SA-4/94/2024 rejecting the requests of the petitioners to stop the bifurcation process of their Fair Shops bearing F.P. Shop No. 0332028 at Cheepurupalli-1 Village, F.P. Shop No. 0332020 at Parvada Village, F.P. Shop No. 0332029 at Parvada-2 Village, F.P. Shop No. 0332001 at Pedhamushidivada Village, F.P. Shop No. 0332019 at Vennelapalem Village, F.P. Shop No. 033208 at E. Bonangi RC,J W.P.No.29804 of 2024 3 Village, all located in Parvada Mandal, and F.P Shop. No. 0323003, Gullapalli Village, F.P Shop. No. 0323003, Gullapalli Village, F.P Shop. No. 0323020, Bangarammapalem Village, Sabbavaram Mandal and further action of the 4th Respondent in issuing Proceedings vide R.C. No. 1113/2024.SA-E, dated 06.12.2024, bifurcating/rationalizing and inviting applications for appointing permanent Fair Price Shop Dealers for the newly created F.P Shops as wholly illegal, arbitrary, unconstitutional and contrary to the Go. Ms. No. 10 dated 03.09.2024 and circulars issued by the 2nd Respondent and consequently set aside the same and pass IA NO: 1 OF 2024 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 3rd respondent in issuing endorsements all even dated 19.11.2024 vide proceedings Rc.No.SA- 4/94/2024 rejecting the requests of the petitioners to stop the bifurcation process of their Fair Shops bearing F.P. Shop No. 0332028 at Cheepurupalli- 1 Village, F.P. Shop No. 0332020 at Parvada Village, F.P. Shop No, 0332029 at Parvada-2 Village, F.P. Shop No. 0332001 at Pedhamushidivada Village, F.P. Shop No. 0332019 at Vennelapalem Village, F.P. Shop No. 033208 at E. Bonangi Village, all located in Parvada Mandal, and F.P Shop. No. 0323003, Gullapalli Village, F.P Shop. No. 0323020, Bangarammapalem Village, Sabbavaram Mandal the proceedings issued by the 4th respondent vide proceedings vide Rc. No. 1113/2024 dated 06.12.2024 pertaining to the petitioners Fair Price Shops bearing F.P. Shop No. 0332028 at Cheepurupalli-1 Village, F.P. Shop No. 0332020 at Parvada Village, F.P. Shop No. 0332029 at Parvada-2 Village, F.P. Shop No. 0332001 at Pedhamushidivada Village, F.P. Shop No. 0332019 at Vennelapalem Village, F.P. Shop No. 033208 at E. Bonangi Village, all located in Parvada Mandal, and F.P Shop. No. 0323003, Gullapalli Village, F.P Shop. No. 0323020, Bangarammapalem Village, Sabbavaram Mandal and pass Counsel for the Petitioner(S): 1. CKR ASSOCIATES Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES RC,J W.P.No.29804 of 2024 4 ORDER This writ petition is filed challenging the Endorsement/Proceedings vide Rc.No.SA-4/94/2024, dated 19.11.2024 of respondent no.3-The Collector(CS), Anakapalli District, rejecting the request made by the petitioners to stop bifurcation proceedings of their Fair Price Shops, being illegal, arbitrary, unconstitutional and contrary to G.O.Ms.No.10, dated 03.09.2024. 2. Heard Sri S.V.S.S.Siva Ram, learned counsel for the petitioners, 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.Os. while achieving their objectives, for the reasons stated in the Writ RC,J W.P.No.29804 of 2024 5 Petition No.27510 of 2024, this writ petition is disposed of, setting aside the impugned endorsement/proceeding 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 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 RC,J W.P.No.29804 of 2024 6 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. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI 4th February, 2026. RR