HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.2678 of 2008 Date : 18.08.2011 Between : Revuru Krishnaiah. …..Petitioner And The District Collector, Nellore & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.2678 of 2008 ORDER : The petitioner is the fair price shop dealer of Yepur village in Rapur Mandal of Nellore District. In this writ petition, he has questioned the validity of the order, dated 24th January 2008, issued in Proceedings No.Rc.E/149/2007, approving the proposals for one more shop in the village by bifurcating the cards attached to the petitioner’s shop. A total number of 410 cards are attached to the shop of the petitioner, who is a dealer of Yepur village, consisting of Yepur and its hamlets Harizanawada, Arundatiwada and Girijanawada. By the impugned proceedings, the 1st respondent has approved the proposals for creating a new shop by bifurcating the number of cards of the existing petitioner’s shop. As per the particulars mentioned in the impugned proceedings, after bifurcation, about 163 cards will be continued with the petitioner and 247 cards are sought to be attached to the proposed new shop. It is the case of the petitioner that the Government itself has issued guidelines for rationalization of fair price shops in the Districts, by fixing the minimum number of cards to the shops in rural areas, urban areas and Corporations, keeping in view the economic viability of dealers. It is stated that in rural areas, the number of iris based ration cards to be attached to each fair price shop is 400-450 below poverty line cards and 50 pink cards. It is the case of the petitioner that if the new proposals are implemented, petitioner will be left with only 163 cards, which is contrary to the guidelines issued by the Government in G.O.Ms.No.35, dated 17.09.2007. At the stage of admission, this Court, by order dated 25.03.2008, suspended the impugned proceedings of the Collector. Counter affidavit is filed by the District Collector, Nellore. In the counter affidavit, while giving the card position after proposed bifurcation, it is stated that the existing shop is located at a distance of one kilometer from Girijanawada and the main village, and hence, bifurcation was ordered for the convenience of majority card holders. The authorization to run fair price shops is governed by A.P. Public Distribution System (Control) Order, 2008, framed under Section 3 of the Essential Commodities Act. Keeping in mind the viability for the dealers, the Government has issued orders in G.O.Ms.No.35, dated 17.09.2007, to be scrupulously followed in the rationalization of fair price shops. In the rural areas, the number of iris based ration cards to be attached to each fair price shop is 400-450 below poverty line cards and 50 pink cards. In this case, it is not in dispute that the total number of cards attached to the petitioner’s shop are only 410. Having regard to the number of cards attached to the petitioner’s shop, it is perfectly within the notified norm as per the instructions issued by the Government in G.O.Ms.No.35, dated 17.09.2007. Though the aforesaid instructions are in the form of guidelines, unless there is a strong compelling reason, departure from the said guidelines cannot be permitted. As evident from the counter, except stating that the present shop is situated in Harijanawada and that Girijanawada and the main village are at about one kilometer distance from the existing shop, no other valid reason is assigned for bifurcation. There cannot be any inconvenience to carry the goods from a distance of one kilometer, when the shop itself is situated in the same village. When the existing number of cards is 410, which is in consonance with the norms notified in G.O.Ms.No.35, dated 17.09.2007, creation of one more shop in the same village will definitely affect the viability norms and the same is in contravention of the circular instructions, dated 22.01.1999, issued by the Government in Memo No.148/CS.I/99-I. It is also to be seen that if 247 cards are to be deleted from the existing shop of the petitioner, only 163 cards will be left with his shop, which is certainly far below the minimum number notified as per the guidelines issued in G.O.Ms.No.35, dated 17.09.2007. As this Court is not convinced with the reason assigned to make departure from the guidelines issued in G.O.Ms.No.35, dated 17.09.2007, it is evidently a fit case for setting aside the impugned order by allowing the writ petition. For the aforesaid reasons, the writ petition is allowed and the order, dated 24.01.2008, issued by the 1st respondent District Collector in Proceedings No.Rc.E.149/2007, is hereby quashed. No costs. ______________________ R. SUBHASH REDDY, J 18th August 2011 ajr