APHC010587732024 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. ABOTHULA UMAMAHESWARA RAO, MALE, AGED 44 YEARS, OCC FAIR PRICE SHOP DEALER, S/O. LATE PAPA RAO, R/O.D.NO.5 JAMMU NARAYANAPURAM (V), VIZIANAGARAM (M), VIZINAGARAM DISTRICT. 1. THE STATE OF AP, REP. BY ITS CONSUMER AFFAIRS FOOD AND CIVIL SUPPLIES DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI. GUNTUR DISTRICT. 2. THE COMMISSIONER, A.P. STATE CIVIL SUPPLIES CORPORATION LTD., D.NO. 10-152/1, CIVIL SUPPLIES BHAVAN, 3RD FLOOR SR SAI TOWERS, BESIDE SIRIS COMPANY, ASHOK NAGAR, BANDAR ROA, KANURU, VIJAYAWADA 3. THE DISTRICT COLLECTOR, VIZIANAGARAM. VIZIANAGARAM DISTRICT. 4. THE REVENUE DIVISIONAL OFFICER, VIZIANAGARAM DIVISION, VIZIANAGARAM DISTRICT 5. THE TAHSILDAR, VIZIANAGARAM (M), VIZIANAGARAM 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: 30657/2024 ABOTHULA UMAMAHESWARA RAO, MALE, AGED 44 YEARS, OCC FAIR PRICE SHOP DEALER, S/O. LATE PAPA RAO, R/O.D.NO.5 JAMMU NARAYANAPURAM (V), VIZIANAGARAM (M), VIZINAGARAM DISTRICT. ...PETITIONER AND THE STATE OF AP, REP. BY ITS EX-OFFICIO SECRETARY CONSUMER AFFAIRS FOOD AND CIVIL SUPPLIES DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI. GUNTUR THE COMMISSIONER, A.P. STATE CIVIL SUPPLIES CORPORATION 152/1, CIVIL SUPPLIES BHAVAN, 3RD FLOOR SR SAI TOWERS, BESIDE SIRIS COMPANY, ASHOK NAGAR, BANDAR ROA, KANURU, VIJAYAWADA - 520 007, THE DISTRICT COLLECTOR, VIZIANAGARAM. VIZIANAGARAM THE REVENUE DIVISIONAL OFFICER, VIZIANAGARAM DIVISION, VIZIANAGARAM DISTRICT DAR, VIZIANAGARAM (M), VIZIANAGARAM DISTRICT. ...RESPONDENT(S): RC,J W.P.No.30657 of 2024 IN THE HIGH COURT OF ANDHRA PRADESH [3332] WEDNESDAY,THE FOURTH DAY OF FEBRUARY THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI ABOTHULA UMAMAHESWARA RAO, MALE, AGED 44 YEARS, OCC FAIR PRICE SHOP DEALER, S/O. LATE PAPA RAO, R/O.D.NO.5-35, JAMMU NARAYANAPURAM (V), VIZIANAGARAM (M), ...PETITIONER OFFICIO SECRETARY CONSUMER AFFAIRS FOOD AND CIVIL SUPPLIES DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI. GUNTUR THE COMMISSIONER, A.P. STATE CIVIL SUPPLIES CORPORATION 152/1, CIVIL SUPPLIES BHAVAN, 3RD FLOOR SRI SAI TOWERS, BESIDE SIRIS COMPANY, ASHOK NAGAR, BANDAR THE DISTRICT COLLECTOR, VIZIANAGARAM. VIZIANAGARAM THE REVENUE DIVISIONAL OFFICER, VIZIANAGARAM DIVISION, DAR, VIZIANAGARAM (M), VIZIANAGARAM DISTRICT. ...RESPONDENT(S): RC,J W.P.No.30657 of 2024 2 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 topleased to issue Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the endorsement issued by the 3rd Respondent vide Rc.No.60/2024/G1 dated 28-11-2024 rejecting the request of the petitioner's to stop the bifurcation process of F.P.Shop No.0228099, Jammu Narayanapuram (V), Vizianagaram Mandal Vizianagaram District and not come under the purview of bifurcation as per G.O.Ms.No.10 (Consumer Affairs, Food and Civil Supplies (CS-1) dt.3-9-2024 and without considering petitioner's objections as mentioned in his reply notice is illegal, arbitrary malafide and apart from violation of Principles of Natural Justice and consequently to set aside the impugned endorsement dt.28-11-2024 by directing the respondents not to bifurcate the Petitioner's Fair Price shop without following the due process of law 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 pleased to Suspend the endorsement issued by the 3rd respondent vide Rc.No.60/2024/G1 dated:28-11-2024 in respect of Fair Price Shop No.0228099 Jammu Narayanapuram (V), Vizinagaram (M), Vizianagaram District pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. B P RAJU Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: RC,J W.P.No.30657 of 2024 3 ORDER This writ petition is filed challenging the Endorsement/Proceedings vide Rc.No.60/2024-G1, dated 28.11.2024 of respondent no.3-The District Collector, Vizianagaram, rejecting the request made by the petitioner 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 B.P.Raju, 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.Os. 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.30657 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.30657 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