*HON’BLE SRI JUSTICE P.S. NARAYANA +WRIT PETITION No.22586 of 2007 WRIT PETITION No.22653 of 2007 WRIT PETITION No.23368 of 2007 WRIT PETITION No.24556 of 2007 WRIT PETITION No.24562 of 2007 WRIT PETITION No.24631 of 2007 WRIT PETITION No.25159 of 2007 WRIT PETITION No.25311 of 2007 WRIT PETITION No.25601 of 2007 and WRIT PETITION No.1268 of 2008 %12.03.2008 WRIT PETITION No.22586 of 2007 #Krishna District Fair Price Shop Dealers Welfare Association, Edepally, Machilipatnam, Krishna District, Rep. by its President. … Petitioner Vs. $1. Government of Andhra Pradesh, Consumer Affairs Food & Civil Supplies, (CS-1) Department, rep. by Ex-Officio Secretary to Govt, Hyderabad and 3 others. …Respondents !COUNSEL FOR THE PETITIONER: SRI KOWTURU VINAYA KUMAR COUNSEL FOR THE RESPONDENTS: GOVERNMENT PLEADER FOR CIVIL SUPPLIES * * * WRIT PETITION No.22653 of 2007 #D. BALARAJU … Petitioner Vs. $1. THE DISTRICT COLLECTOR, CIVIL SUPPLIES, WARANGAL and 2 others. …Respondents !COUNSEL FOR THE PETITIONER: SRI M. YESHWANTH KUMAR ^COUNSEL FOR THE RESPONDENTS: GOVERNMENT PLEADER FOR CIVIL SUPPLIES * * * WRIT PETITION No.23368 of 2007 #1. THE FAIR PRICE SHOP DEALERS ASSOCIATION, MEDAK DISTRICT, SADASIVAPET, REP. BY ITS PRESIDENT and ANOTHER. … Petitioners Vs. $1. THE COMMISSIONER, CIVIL SUPPLIES/ EX-OFFICE SECRETARY TO THE GOVERNMENT OF ANDHRA PRADESH, CIVIL SUPPLIES BHAVAN, SOMAJIGUDA, HYDERABAD AND 2 OTHERS. …Respondents !COUNSEL FOR THE PETITIONERS: SRI BOLLAM LINGAIAH YADAV ^COUNSEL FOR THE RESPONDENTS: GOVERNMENT PLEADER FOR CIVIL SUPPLIES WRIT PETITION No.24556 of 2007 #VIZIANAGARAM DISTRICT FAIR PRICE SHOP DEALERS WELFARE ASSOCIATION, REP. BY ITS PRESIDENT. … Petitioner Vs. $1. Government of Andhra Pradesh, Consumer Affairs Food & Civil Supplies, (CS-1) Department, rep. by Ex-Officio Secretary to Govt, Hyderabad and 3 others. …Respondents !COUNSEL FOR THE PETITIONER: SRI B. DEVANAND ^COUNSEL FOR THE RESPONDENTS: GOVERNMENT PLEADER FOR CIVIL SUPPLIES WRIT PETITION No.24562 of 2007 #VISAKHAPATNAM DISTRICT FAIR PRICE SHOP DEALERS WELFARE ASSOCIATION, REP. BY ITS PRESIDENT. … Petitioner Vs. $1. Government of Andhra Pradesh, Consumer Affairs Food & Civil Supplies, (CS-1) Department, rep. by Ex-Officio Secretary to Govt, Hyderabad and 3 others. …Respondents !COUNSEL FOR THE PETITIONER: SRI B. DEVANAND ^COUNSEL FOR THE RESPONDENTS: GOVERNMENT PLEADER FOR CIVIL SUPPLIES WRIT PETITION No.24631 of 2007 #THE F.P. SHOP DEALERS WELFARE ASSOCIATION, R.R. DISTRICT, REP. BY ITS PRESIDENT. … Petitioner Vs. $1.THE COMMISSIONER CIVIL SUPPLIES/ Ex-Officio Secretary to Govt. OF ANDHRA PRADESH, Hyderabad and ANOTHER. …Respondents !COUNSEL FOR THE PETITIONER: SRI BOLLAM LINGAIAH YADAV ^COUNSEL FOR THE RESPONDENTS: GOVERNMENT PLEADER FOR CIVIL SUPPLIES WRIT PETITION No.25159 of 2007 #WEST GODAVARI DISTRICT FAIR PRICE SHOP DEALERS WELFARE ASSOCIATION, REP. BY ITS PRESIDENT. … Petitioner Vs. $1. Government of Andhra Pradesh, Consumer Affairs Food & Civil Supplies, (CS-1) Department, rep. by Ex-Officio Secretary to Govt, Hyderabad and 3 others. …Respondents !COUNSEL FOR THE PETITIONER: SRI B. DEVANAND ^COUNSEL FOR THE RESPONDENTS: GOVERNMENT PLEADER FOR CIVIL SUPPLIES WRIT PETITION No.25311 of 2007 #1. K. ARUNA KUMARI & 17 OTHERS. … Petitioners Vs. $1. Government of Andhra Pradesh, Consumer Affairs Food & Civil Supplies, (CS-1) Department, rep. by Ex-Officio Secretary to Govt, Hyderabad and another. …Respondents !COUNSEL FOR THE PETITIONER: SRI T.S. ANAND ^COUNSEL FOR THE RESPONDENTS: GOVERNMENT PLEADER FOR CIVIL SUPPLIES WRIT PETITION No.25601 of 2007 #Md. RAYYATH ALI. … Petitioner Vs. $1. Government of Andhra Pradesh, Consumer Affairs Food & Civil Supplies, (CS-1) Department, rep. by Ex-Officio Secretary to Govt, Hyderabad and 2 others. …Respondents !COUNSEL FOR THE PETITIONER: SRI A. RAVINDER ^COUNSEL FOR THE RESPONDENTS: GOVERNMENT PLEADER FOR CIVIL SUPPLIES WRIT PETITION No.1268 of 2008 #1. KRISHNA GOPAL & 29 OTHERS. … Petitioners Vs. $1.THE STATE OF A.P., REP. BY ITS PRL. SECRETARY, CONSUMER AFFAIRS FOOD & CIVIL SUPPLIES (CS-1) DEPARTMENT, HYDERABAD and 3 others. …Respondents !COUNSEL FOR THE PETITIONERS: SRI K.R. PRABHAKAR ^COUNSEL FOR THE RESPONDENTS: GOVERNMENT PLEADER FOR CIVIL SUPPLIES <GIST: >HEAD NOTE: ? CITATIONS 1. JT (1994) 2 SC 94 2. (1993) 3 SCC 259 3. (1985) 3 SCC 545 4. 1991 Supp (1) SCC 600 5. 2008 (1) ALT 338 6. (1981) 4 Supreme Court Cases 471 IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 22586 of 2007 Between: Krishna District Fair Price Shop Dealers Welfare Association (Regd. No. 339/95) at D.No. 17/51, Edepally, Machilipatnam, Krishna District, Rep by its President M. Bhaskara Rao. ..... PETITIONER AND 1. Government of Andhra Pradesh, Consumer Affairs Food & Civil Supplies, (CS-1) Department, Rep by Ex Officio Secretary to Govt., Secretariat, Hyderabad. 2. The Commissioner of Civil Supplies, A.P. Hyderabad. 3. The District Collector, Krishna at Machilipatnam. 4. The Joint Collector, Krishna at Machilipatnam. ....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue writ or direction preferably writ of mandamus declaring the G.O.Ms.No.35 Consumer Affairs Food & Civil Supplies (CS-1) Department dt.17-9-2007 issued by the 1st respondent as illegal, arbitrary, violative of Articles 14 and 21 of constitution of India and consequently set aside the same and pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.KOWTURU VINAYA KUMAR Counsel for the Respondents: GP FOR CIVIL SUPPLIES IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 22653 of 2007 Between: D. Balaraju, S/o. Narsaiah, F.P.S.No. 234, L.B.Nagar, Warangal. ..... PETITIONER AND 1. The District Collector, Civil Supplies, Warangal, Waranal District. 2. The Revenue Divisional officer, Warangal. 3. The Tahsildar, Warangal Mandal, Warangal District. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue Writ Order or Direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the Notification issued by the 2nd respondent herein in seeking to appoint the Fair Price Shop dealer of newly created Fair Price Shop No. 234/1 and 234/2, L.B.Nagar, Warangal, Warangal District, published in Andhra Jyothi Telugu Daily News Paper, dt.13-10-2007 as the same is illegal, arbitrary and in violation of G.O.Ms.No.35, Consumer Affairs, Food & Civil Supplies (CS.I) Department, dt.17-9-2007 and consequently direct the respondents not to delete any BPL or AAY cards from the shop of the petitioner, and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.M.YESHWANTH KUMAR Counsel for the RespondentS: GP FOR CIVIL SUPPLIES IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 23368 of 2007 Between: 1. The Fair Price Shop Dealers Association, Medak District, Sadasivapet, Rep. bys its President K. Basantappa S/o. K. Thotappa aged 45 years, Dealer F.P. Shop No. I, Sadasivapet Town, Medak District. 2. The Fair Price Shop Dealers Association District, Nalgonda, Rep. bys its President Sri P. Nagaraju S/o.Late Lingayya, aged 46 years, D.No. 6-6-227, Ravindranagar, Nalgonda. ... PETITIONERS AND 1. The Commissioner Civil Supplies/ Ex-Office Secretary to the Government of Andhra Pradesh, Civil Supplies Bhavan, Somajiguda, Hyderabad. 2. The District Collector (CS) Sanga Reddy Medak District. 3. The District Collector (CS) Nalgonda District. ....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of writ of Mandamus to set aside the G.O.Ms.No.17-9-2007 directing the Respondent No.1 to increase the Ration cards to the F.P. Shop Dealers to reach the economical Viability and pass such other order or orders as this Hon'ble Court may be deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.BOLLAM LINGAIAH YADAV Counsel for the Respondents: GP FOR CIVIL SUPPLIES IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 24556 of 2007 Between: Vizianagaram District Fair Price Shop Dealers Welfare Association, (Regd.No. 233/2007) Rep. by its President aged 45 yrs, Occ. F.P. Shop Dealer, R/o.D.No. 1-1-7, Punyagiri Road, S. Kota, Vizianagaram District. ..... PETITIONER AND 1. Government of Andhra Pradesh, Department of Consmer Affairs Food & Civil Supplies, (CS-I), Rep. by Ex-Officio Secretary to Government, Secretariat, Hyderabad. 2. The Commissioner of Civil Supplies, Government of Andhra Pradesh, Civil Supplies Bhavan, Somajiguda, Hyderabad. 3. The District Collector, Vizianagaram District. 4. The Joint Collector, Vizianagaram District. ....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue writ or direction preferable writ of Mandamus declaring the G.O.Ms.No.35 Consumer Affairs Food & Civil Supplies (CS-1) Department dt.17-9-2007 issued by 1st Respondent as illegal, arbitrary violative of Articles 14 & 21 of Constitution of India and consequently set aside the same and pass such other order or orders as may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.B.DEVANAND Counsel for the Respondents: GP FOR CIVIL SUPPLIES IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 24562 of 2007 Between: Visakhapatnam District Fair Price Shop Dealers Welfare Association, (Regd.No. 1680/1995) Rep. by its President Sri P. Chitti Raju, s/o (late) Satyanarayana, aged 45 yrs, Occ. F.P. Shop Dealer, R/o.D.NO. 46-20-27, Dondaparti, Visakhapatnam. ..... PETITIONER AND 1. Government of Andhra Pradesh, Department of Consumer Affairs Food & Civil Supplies, (CS-I), Rep. by Ex-Officio Secretary to Government, Secretariat, Hyderabad. 2. The Commissioner of Civil Supplies, Government of Andhra Pradesh, Civil Supplies Bhavan, Somajiguda, Hyderabad. 3. The District Collector, Visakhapatnam District. 4. The Joint Collector, Visakhapatnam District. ....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue writ or direction preferable writ of Mandamus declaring the G.O.Ms.No.35 Consumer Affairs Food & Civil Supplies (CS-1) Department dt.17-9-2007 issued by 1st Respondent as illegal, arbitrary violative of Articles 14 & 21 of Constitution of India and consequently set aside the same and pass such other order or orders as may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.B.DEVANAND Counsel for the Respondents: GP FOR CIVIL SUPPLIES IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 24631 of 2007 Between: The F.P.Shop Dealers Welfare Association, R.R. District, Rep by its President Sri S. Srihari, S/o. S. Narasimha, aged 35 years, Occ : F.P. Shop dealer, at Bahadurpally (Village), Quthubullapur (M), R.R. District. ..... PETITIONER AND 1. The Commissioner Civil Suplies/ Ex-Officio Secretary to the Govt. of Andhra Pradesh, Civil Supplies Bhavan, Somajiguda, Hyderabad - 4. 2. The Joint Collector (CS)-II, R.R.District at Lakdikapool, Hyderabad - 4. ....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus to set aside the GO Ms.No.35 dt.17-9- 2007 directing the Respondent No. 1 to increase the Ration cards to the F.P. Shop dealers to reach the economical viability and pass such other order or orders as this Hon'ble court may be deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.BOLLAM LINGAIAH YADAV Counsel for the Respondents: GP FOR CIVIL SUPPLIES IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 25159 of 2007 Between: West Godavari District Fair price shop Dealers Welfare Association (Regd.no.639/1987), rep.by its president sri Attili Nageswara Rao, S/o.Ramachandra Rao aged 47 years, Occ:F.P.Shop Dealer, R/o.D.No.2-13-3- 4th ward, Attilivari Street, Tadepalligudem, West Godavari District. ..... PETITIONER AND 1. Government of Andhra pradesh, Department of Consumer Affairs Food & Civil Supplies (Cs-I) rep.by Ex-officio secretary to Govt, Secretariat,Hyderabad . 2. The Commissioner of Civil Supplies, Government of AP Civil Supplies Bhavan, Somajiguda, Hyderabad. 3. The District Collector, West Godavari District 4. The Joint Collector, West Godavari District ....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue writ or direction preferable writ of mandamus declaring the G.O.Ms.No.35 Consumer Affairs Food & Civil Supplies(CS-I) Department dated 17.9.2007 issued by 1st respondent as illegal, arbitrary violative of Articles 14 &21 of the Constitution of India and consequently set aside the same and pass such other order or orders as may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.B.DEVANAND Counsel for the Respondents: GP FOR CIVIL SUPPLIES IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 25311 of 2007 Between: 1. K.Aruna Kumari, W/o Venkata Kusa Kumar, Shop No.35, Bhimavaram Town, Bhimavaram Mandal, West Godavari District. 2. K.V.Subba Rao, S/o Narasimham, Shop No.24, Bhimavaram Town, Bhimavaram Mandal, West Godavari District. 3. N.Ratna Kumari, W/o Bhanu Murthy, Shop No.34, Bhimavaram Town, Bhimavaram Mandal, West Godavari District. 4. D.Krishna Veni, W/o Rama Raju, Shop No.29, Bhimavaram Town, Bhimavaram Mandal, West Godavari District. 5. Maddi Krishna Murthy, S/o Sri Ramulu, Shop No.33, Bhimavaram Town, Bhimavaram Mandal, West Godavari District. 6. A.V.Venkaiah, S/o Appala Raju, shop No.37, Bhimavaram Town, Bhimavaram Mandal, West Godavari District. 7. J.Dhaneswari Lakshmi, W/o Satyanarayana, Shop No.30, Bhimavaram Town, Bhimavaram Mandal, West Godavari District. 8. M.Venkata Swamy, S/o Venkata Swamy, Shop No.38, Bhimavaram Town, Bhimavaram mandal, West Godavari District. 9. D.Guru Brahmam, S/o Guravaiah, shop No.28, Bhimavaram Town, Bhimavaram Mandal, West Godavari District. 10. Ch.Kameswari, W/o Ramesh Babu, Shop No.13, Bhimavaram Town, Bhimavaram Mandal, West Godavari District. 11. M.Chandra Kumari, W/o Digvaya Singh, Shop No.43, Bhimavaram Town, Bhimavaram Mandal, West Godavari District. 12. K.Lakshmi Narayana, S/o Tirupathi Rao, Shop No.39, Bhimavaram Town, Bhimavaram mandal, West Godavari District. 13. M.Krishna Murthy, S/o Sreeramulu, Shop No.41, Bhimavaram Town, Bhimavaram Mandal, West Godavari District. 14. Alluri Bhaskar Raju, S/o Sita Rama Raju, Shop No.46, Kovvada Village, Bhimavaram Mandal, West Godavari District. 15. Grandhi Subba Rao, S/o Satyanarayana, shop No.62, Chinna Amiram, Bhimavaram Mandal, West Godavari District. 16. G.Ebenezer, S/o Abraham, Shop No.75, Dirusumarru, Bhimavaram mandal, West Godavari District. 17. J.B.Chakaravarthy, S/o Lakshmana Swamy, Shop No.78, Kothapusalamarru, Bhimavaram Mandal, West Godavari District. 18. Kasturiba Mahila Mandali, represented by its President Smt.P.Nagamani, W/o Narasimha Raju, Shop No.74, Dirusumarru, Bhimavaram Mandal, West Godavari District. ..... PETITIONERS AND 1. Government of Andhra Pradesh, Consumer Affairs Food and Civil Supplies (CS.I) Department, represented by Ex.Officio Secretary to Govrnment, Secretariat, Hyderabad. 2. The Commissioner of Civil Supplies, A.P., Hyderabad. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ or direction preferably Writ of Mandamus declaring the G.O.Ms. No. 35 Consumer Affairs Food & Civil Supplies (CS.1) Department, dated 17-9-2007 issued by 1st respondent as illegal, arbitrry violative of Articles 14 and 21 of the Constitution of India and all cannons of law and justice and consequently set a side the same and pass such other order or orders as may be deemed fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.T.S.ANAND Counsel for the Respondents: GP FOR CIVIL SUPPLIES IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 25601 of 2007 Between: Md.Rayyath Ali, S/o Sheik Ahmed, r/o H.No.16-9-465, Puppalagutta, Warangal. ..... PETITIONER AND 1. Government of Andhra Pradesh, Consumer Affairs Food & Civil Supplies, (CS-I) Department represented by Ex.Officio Secretary to Government, Secretariat, Hyderabad. 2. The Commissioner of Civil Supplies, A.P., Hyderabad. 3. The Revenue Divisional Officer, Warangal. ....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of writ of mandamus by declaring the G.O.Ms.No.35 dated 17-9-2007 issued by 1st respondent as illegal, arbitrary, violative of Articles 14 and 21 of Constitution of India and consequently set aside the same and pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice. Counsel for the Petitioner: MR.A.RAVINDER Counsel for the Respondents: GP FOR CIVIL SUPPLIES IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 1268 of 2008 Between: 1. Krishna Gopal S/o.Tikam Chand 6-3-1247/219/1,M.S Maktha,Opp.Raj Bhavan,Hyd 2. K.Sathya Narayana S/o.Bala Krishna, Shop No.775, Circle VII, 8-3-169/132/A Borabanda, Hyd. 3. P.Devender S/o.Seshaiah, Shop No.750 Circle VII, 8-8-202/11, Panjagutta,Hyd . 4. G.R.Usha Kiran D/o.Ramesh Kumar, Shop No.761, Circle VII 8-3-228/678/571, Sriramnagar Yousfguda, Hyd. 5. G.Mallappa S/o.Narsappa, 8-4-367/113, yerragadda, Borabanda, Hyderabad. 6. P.Mahima Rani, D/o. Ramesh, 8-3-228/659, Rahmathnagar, Yousufugda, Hyderabad. 7. B.urmila, W/o. Venaktesham, 8-4-371/A/57, Borabanda, Hyderabad. 8. K.Shobha Rani, W/o. Venaktesh, 8-4-544/74/1, Borabanda, Hyderabad. 9. M.rajani @ Shobha rano, W/o. Ravinder, 8-4-390/60/4/1, Anandnagar, Erragadd, Hyderabad. 10. V.mahananda Reddy, S/o. Ahi Reddy, 8-2-686, N.B.T.Nagar, Banjara Hills, Hyderabad. 11. H.Narayana Reddy, S/o. Timma Reddy, 8-3-603/34/70, Zaheernagar, Hyderabad. 12. G.prem Kumari, W/o.Prakash, 8-3-228/678/714, Karmikanagar, Yousufguda, Hyderabad. 13. Sk. Yousuf S/o. Sk. Osman, 8-2-751/11, Bholanagar, 1st Lancer, Banjara Hills, Hyderabad. 14. C.Sathya Narayana, S/o. Narasinga, 8-2-272/35/7, road No. 3, Banjara Hills, Hyderabad. 15. B.Kumar, S/o. Swamy, 8-3-228/671, Rahmathnagar, Hyderabad. 16. G.Sathyanarayana, S/o. Sathaiah, 8-3-169/60/814/A, H.F.Nagar, Borabanda, Hyderabad. 17. V.prasad, S/o. Seshgiri Rao, 8-4-379/247, N.R.R.Puram, Site 1, Borabanda, Hyderabad. 18. Khaja Mashiuddin Ahmed, S/o. Khaja Ruknuddin Ahed, 8-2-603/H/117, Gurubramhanagar, Banjara Hills, Hyderabad. 19. D.Rekha, S/o. D.N. ravindra Kumar, 8-3-228/853/E, Rahmath Nagar, Yusufguda, Hyderabad. 20. N.Srinivasulu, S/o. Chennappa, 8-2-293/82/BSNL/161, FilmNagar, Road No. 7, Jubilee Hills, Hyderabad. 21. K.Bhagya Lakshmi, W/o. K.Chandra Mohan Rao, 8-2-293/131, Venkateswara Nagar, Banjara Hills, Hyderabad. 22. D.Sheela, W/o. Sanjeeva Goud, 8-3-231/24/A/1, Srikrishna Nagar, Hyderabad. 23. B.Mangamma, W/o. Manohar, 8-4-370/262, raj Nagar, Borabanda, Hyderabad. 24. K.Rajender, S/o. Shivaiah, 8-2-676/1/V/30/7/8, Banjara Hills, Hyderabad. 25. Rahmath Khanam, W/o. RahimKhan G-39, N.R.R.Puram Colony, Borabanda, Hyderabad. 26. K.Venkataiah, S/o. Nagaiah, 8-4-369/181/A, Swaraj Nagar, Borabanda, Hyderabad. 27. P.Prakash, S/o. Sathaiah, 8-3-237/4/9/A, Maruthi Nagar, Yousufguda, Hyderabad. 28. B.Chalapathi Rao, S/o. B.S.Krishna rao, Shop No. 2 road No. 17/A, Shopping Complex, beside Post Office, Jubilee Hills, Hyderabad. 29. G.Surya Kanthamma, W/o. Krishna rao, 8-2-269/19/500, Indira Nagar, Road No. 2, Banjara Hills, Hyderabad. 30. R.Mounika, W/o. Pramod Kumar, 8-3-228/333, Rahmath Nagar, Yousufguda, Hyderabad. ..... PETITIONERS AND 1. The Sate of A.P, Rep.by its Prl. Secretary, Consumer Affairs Food& Civil Supplies(CS-I) Department, Secretariat,Saifabad, Hyd . 2. The Commissioner Of Civil Supplies, Civil Supplies Bhavan Soamajiguda,Hyd 3. The Dist Supply Officer, Opp.Anand Theatre, Secunderabad. 4. The Assistant Supply Officer, Circle VII Anand Nagar Colony(M) Office Premises, Khairathabad,Hyd ....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the clause 5(C) and 6(i) of G.O.Ms.No.35, Consumer Affairs Food & Civil Supplies(Cs-I) Department,dt.17-9-2007 as illegal, unjust, unreasonable arbitrary irrational and violation of Principles of natural justice and also violative of fundamental rights guaranteed under Articles 14,19 (I)(g) and 21 part from violative of Directive principles of State Policy and contrary to the policy to the policy of the Govt, enshrined in the above Govt. order and consequently set aside the same. Counsel for the Petitioner: MR.K.R.PRABHAKAR Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following : COMMON ORDER: In these batch of writ petitions certain fair price shop dealers associations and certain fair price shop dealers had questioned the validity of G.O.Ms.No.35, Consumer Affairs Food & Civil Supplies (Civil Supplies-1) Department, dated 17.9.2007, issued by the Government of Andhra Pradesh, Consumer Affairs Food & Civil Supplies (Civil Supplies-1) Department, represented by Ex-Officio Secretary to Government, Secretariat, Hyderabad. The said G.O. impugned reads as hereunder: GOVERNMENT OF ANDHRA PRADESH ABSTRACT Civil Supplies- Public Distribution System- rationalization of Fair Price Shops in the Districts due to increase of iris based ration cards- Orders issued. CONSUMER AFFAIRS FOOD & CIVIL SUPPLIES (Civil Supplies-1) DEPARTMENT G.O.Ms.No.35 Date: 17.9.2007 Read the following 1) Government Memo No.40829/Civil Supplies.IV-1/91/1, Food & Agriculture (CS) Dept, dated 26.7.1991. 2) Govt. Memo No.148/CS.1/1999-1 dated 22.01.1999. 3) G.O.Ms.No.57, Consumer Affairs, Food and Civil Supplies Department dated 15.5.2005. 4) G.O.Ms.No.76 Consumer Affairs, Food and Civil Supplies Department dated 25.6.2005. * * * ORDER: In the reference 1st read above orders have been issued directing the District Administration to follow certain guidelines in opening fair price shops basing on the need at the village level in the districts. In the ref 2nd read above instructions have been issued for opening new fair price shops or for bifurcation of the existing fair price shops in the districts keeping in view the economic viability of fair price shop and also in reorganizing the fair price shops wherever necessary. 2. Govt. have issued orders in the reference 3rd and 4th read above, directing that IRIS based ration cards shall be issued to all eligible families in the State with IRIS technology and bio-metric system. In the system all families have been issued IRIS based laminated cards as per the eligibility thereby the PDS network is further strengthened. 3. Prior to issue of Iris based ration cards, 1.98 crore cards were in circulation and they were attached to 41,618 fair price shops in the State. After the issue of Iris based ration cards to all eligible families, 2.23 crore iris cards are in circulation, thus there is an increase of nearly 25 lakh ration cards in the State. It is noticed that there is no uniformity on attachment of BPL and APL cards to the Fair Price Shops. Hence, there is every need to rationalize the existing fair price shops under PDS net work, with minimum number of BPL cards not only to make the fair price shop economically viable but also to open fair price shop in the area accessible to the card holder in the public interest. The Collectors (CS)/Chief Rationing Officer, Hyderabad have been frequently seeking permission for creation of new shops by rationalizing the existing fair price shops due to increase of Iris based ration cards, for smooth functioning of public distribution system. 4. the paramount consideration in creating the new F.P. Shop should be the convenience of the card holders, to strengthen the public distribution network further it is decided by the Government to open 2850 F.P. Shops additionally on account of the rationalization. This is only an indication of possible number of F.P. Shops approximately to be opened. But the number may be more or less depending on the need. Collectors are requested to examine the requirement of FP Shops for each and every village/ward keeping in view of the following guidelines and create new shops and intimate the number of shops finally opened in the district to the Government within 45 days. All the card holders of the newly created shops shall be intimated on the creation of new shops