HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.18960 of 2008 Date: April 18, 2011 Between: Ch. Anjaiah … Petitioner And 1. The State of Andhra Pradesh, rep. by District Collector (Civil Supplies) Nalgonda District, Nalgonda & another. … Respondents * * * HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.18960 of 2008 O R D E R: The proposed bifurcation of the petitioner’s fair price shop at Ramachandrapuram village, Suryapet Revenue Mandal, Nalgonda District, was the cause for filing of this writ petition. 2. The petitioner contends that such bifurcation would be in violation of the procedure prescribed in G.O.Ms.No.35, Consumer Affairs, Food & Civil Supplies (CS-1) Department, dated 17.9.2007 and accordingly assails the proceedings dated 29.7.2008 passed by the District Collector, Nalgonda, ordering the creation of a new fair price shop, thereby reducing the cards attached to the petitioner’s fair price shop by more than 50%. 3. The Revenue Divisional Officer, Suryapet, filed his counter stating that the fair price shop of Ramachandrapuram village had 482 White cards, 40 AAY cards and 28 Pink cards, totalling 550 cards in all, of which 288 White cards and 14 AAY cards pertained to Ratnapuram hamlet of the village. He stated that the cardholders of Ratnapuram were facing inconvenience owing to the location of the fair price shop at a distance of 2 ½ kilo metres from their habitation and to avoid inconvenience to them, the bifurcation of the fair price shop was ordered. 4. This Court, by order dated 02.9.2008, directed the respondent authorities not to delete any cards from the petitioner’s shop. When the matter came up for hearing on 16.3.2011, this Court directed the learned Government Pleader for Civil Supplies to ascertain the total number of BPL cards in the village. Today, the learned Assistant Government Pleader for Civil Supplies produced letter dated 16.3.2011 addressed by the Revenue Divisional Officer, Suryapet, to his office indicating the existing cards position in the village. As per this communication, there are 540 White cards, 46 AAY cards, 1 Annapurna card and 28 Pink cards attached to the fair price shop of Ramachandrapuram. 5. In this context, the orders of the Government of Andhra Pradesh pertaining to rationalization of fair price shops contained in G.O.Ms.No.35 dated 17.9.2007 are relevant. In so far as rural areas are concerned, clause 6 (v) of the said G.O. states that each Gram Panchayat should have at least one fair price shop with a minimum of 400 BPL cards and 50 APL cards. It is only if the number of cards are in excess of the minimum stipulated above, two fair price shops can be established provided that the total number of BPL cards in that village is not less than 600. It may be noted that these orders for rationalization of fair price shops were put in place not only for the convenience of the cardholders, but also to see that the fair price shop would be economically viable. In the light of the present position obtaining, as indicated in the letter dated 16.3.2011 of the Revenue Divisional Officer, Suryapet, the BPL cards attached to the petitioner’s fair price shop in the village being less than 600, the occasion for establishing a second shop in the village would not arise. Once the government prescribed the norms to be followed for establishing fair price shops in rural areas, keeping in mind not only the convenience of the cardholders, but also the economic viability of running a fair price shop, it is not open to the authorities to bypass the same on the ground of inconvenience of the cardholders. The proposed bifurcation of the petitioner’s fair price shop as directed by the District Collector, Nalgonda under his proceedings dated 29.7.2008 is therefore unsustainable being in violation of the norms prescribed in G.O.Ms.No.35 dated 17.9.2007. 6. The writ petition is accordingly allowed setting aside the proceedings dated 29.7.2008 in so far as the petitioner’s fair price shop is concerned. In the light of the final order passed in the writ petition, no further orders are required in the miscellaneous petitions, W.P.M.P. No.24702 of 2008 and W.V.M.P. No.795 of 2011, which are accordingly dismissed. In the circumstances, there shall be no order as to costs. __________________ SANJAY KUMAR, J Date: April 18, 2011. BSB