APHC010571332024 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. JONNADA PRASANNA KUMARI, C/O JONNADA SAMUDRAM, AGED ABOUT 51 YEARS, OCC. FP SHOP DEALER, F.P SHOP. NO. 0388286, SRI HARIPURAM, MALKAPURAM MANDAL, VISAKHAPATNAM. 2. K.RAMA KRISHNA,, F.P SHOP DEALER, F.P SHOP NO. 0388284,RAMA NAGAR, SRIHARIPURAM, MALKAPURAM MANDAL, VISAKHAPATNAM DISTRICT. 3. J.SITA RAMULU,, S/O JAJULA KRISHNA AGED ABOUT 42 YEARS, OCC. F.P SHOP DEALER, F.P SHOP NO. 0388593, SRAMIKA NAGAR VILLAGE CIRCLE 4. K.RADHA,, FAIR PRICE SHOP DEA AGANAMPUDI, CIRCLE 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 SUPPLIES, AP STATE CIVIL SUPPLIES CORPORATION LTD, D. NO. 10 3RD FLOOR, SRI SAI TOWERS, BESIDE SIRIS COMPANY, KANURU, VIJAYAWADA, KRISHNA DISTRICT 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: 29656/2024 JONNADA PRASANNA KUMARI, C/O JONNADA SAMUDRAM, AGED ABOUT 51 YEARS, OCC. FP SHOP DEALER, F.P SHOP. NO. 0388286, SRI HARIPURAM, MALKAPURAM MANDAL, VISAKHAPATNAM. K.RAMA KRISHNA,, F.P SHOP DEALER, F.P SHOP NO. NAGAR, SRIHARIPURAM, MALKAPURAM MANDAL, VISAKHAPATNAM DISTRICT. J.SITA RAMULU,, S/O JAJULA KRISHNA AGED ABOUT 42 YEARS, OCC. F.P SHOP DEALER, F.P SHOP NO. 0388593, SRAMIKA NAGAR VILLAGE CIRCLE-ILL, VISKHAPATNAM. K.RADHA,, FAIR PRICE SHOP DEALER, F.P SHOP NO. 0388504, AGANAMPUDI, CIRCLE -III, VISAKHAPATNAM. ...PETITIONER(S) AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. THE COMMISSIONER CIVIL SUPPLIES, AP STATE CIVIL SUPPLIES CORPORATION LTD, D. NO. 10-152/1, CIVIL SUPPLIES BHAVAN, 3RD FLOOR, SRI SAI TOWERS, BESIDE SIRIS COMPANY, KANURU, VIJAYAWADA, KRISHNA DISTRICT - 520007. RC, J W.P.No.29656 of 2024 IN THE HIGH COURT OF ANDHRA PRADESH [3332] WEDNESDAY,THE FOURTH DAY OF FEBRUARY THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI JONNADA PRASANNA KUMARI, C/O JONNADA SAMUDRAM, AGED ABOUT 51 YEARS, OCC. FP SHOP DEALER, F.P SHOP. NO. 0388286, SRI HARIPURAM, MALKAPURAM MANDAL, K.RAMA KRISHNA,, F.P SHOP DEALER, F.P SHOP NO. NAGAR, SRIHARIPURAM, MALKAPURAM MANDAL, J.SITA RAMULU,, S/O JAJULA KRISHNA AGED ABOUT 42 YEARS, OCC. F.P SHOP DEALER, F.P SHOP NO. 0388593, SRAMIKA LER, F.P SHOP NO. 0388504, ...PETITIONER(S) THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THE COMMISSIONER CIVIL SUPPLIES, AP STATE CIVIL SUPPLIES 152/1, CIVIL SUPPLIES BHAVAN, 3RD FLOOR, SRI SAI TOWERS, BESIDE SIRIS COMPANY, 520007. RC, J W.P.No.29656 of 2024 2 3. THE DISTRICT COLLECTORCS, VISAKHAPATNAM. 4. THE JOINT COLLECTOR CS, VISAKHAPATNAM. 5. THE DISTRICT SUPPLY OFFICERCS, VISAKHAPATNAM. ...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 3rd respondent in passing Endorsement/Proceedings vide Rc. No. 221/2024-S4 dated 19.11.2024 rejecting the requests of the petitioners to stop the bifurcation process of their Fair Shops bearing F.P Shop no. 038828, Sri haripuram, Malkapuram, Visakhapatnam, F.P Shop no. 0388384, Rama Nagar, Malkapuram Mandal, Viskhapatnam, F.P Shop no. 0388593, sramika Nagar, circle - III, Visakhapatnam and F.P Shop no. 0388504, Aganampudi, Circle- Ill, Visakhapatnam and is proposing to birfucation/rationalization of the petitioners fair price shop is illegal, arbitrary, unconstitutional and contrary to the Go. Ms. No. 10 dated 03.09.2024, besides being violative of petitioners rights guaranteed under Article 14 and 21 of the constitution of India and consequently set aside the same and pass such 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 may be pleased to suspend the proceedings/Endorsement issued by the 3RD respondent vide proceedings vide Rc. No. 221/2024- S4 dated 19.11.2024 rejecting the requests of the petitioners to stop the bifurcation process of their Fair Shops bearing F.P Shop no. 038828, Sri haripuram, Malkapuram, Visakhapatnam, F.P Shop no. 0388384, Rama Nagar, Malkapuram Mandal, Viskhapatnam, F.P Shop no. 0388593, sramika Nagar, circle - III, Visakhapatnam and F.P Shop no. 0388504, Aganampudi, Circle-Ill, Visakhapatnam and pass such Counsel for the Petitioner(S): 1. CKR ASSOCIATES Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES RC, J W.P.No.29656 of 2024 3 ORDER This writ petition is filed challenging the Endorsement/Proceedings vide Rc.No.221/2024-S4, dated 19.11.2024 of respondent no.3-The District Collector(CS), Visakhapatnam, 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.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.29656 of 2024 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 deviating from G.O.Ms.No.10, the objection of the dealers with RC, J W.P.No.29656 of 2024 5 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