IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION NO : 14813 of 2008 Between: B.V. Krishna Mohan S/o. Venkata Subbaiah R/o. Gavinivaripalem Village, Chirala Mandal, Prakasam District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Food, Civil Supplies & Consumer Affairs (CS- I) Dept., rep. by its Commissioner / Ex-Officio Secretary to Government. 2 The District Collector (Civil Supplies Wing), Prakasam District at Ongole. 3 The Revenue Divisional Officer (Civil Supplies Wing), Prakasam District at Ongole. 4 The Tahsildar, Chirala Mandal, Prakasam 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 or order more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in issuing impugned Notification in Rc.No.G/942/2008(2), Dt. 21.06.2008 calling for applications for running Fair Price Shop in Gavinivaripalem Village, Chirala Mandal, Prakasam District to the extent of the petitioner ration cards without issuing any bifurcation order by the 2nd respondent including the orders in Rc. CS2/1928/2008, Dt. 28.05.2008 is illegal, and void and opposed to Articles 14, 19 and 21 of the Constitution of India consequently direct the respondent authorities not to bifurcate the petitioner's Fair Prince shop ration cards in total no 647 at Gavinivaripalem Village, Chirala Mandal, Prakasam District without due process of law and pass such other orders. Counsel for the Petitioner: BODDULURI ASSOCIATES Counsel for the Respondent Nos.1 to 4: GP FOR CIVIL SUPPLIES The Court made the following : THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION NO : 14813 of 2008 Order: The writ petition is filed assailing the notification dated 21.6.2008 issued by the 3rd respondent calling for applications for grant of authorization for the newly sanctioned fair price shop No.2 at Egavaripalem. The petitioner alleges that the impugned notification has been issued by the 3rd respondent without any orders of the competent authority, the 2nd respondent, bifurcating the existing fair price shop in Gavinivaripalem Village in Chirala Mandal. It requires to be noticed that even in the writ petition, the petitioner has filed as a material document, the proceedings dated 28.5.2008 of the 2nd respondent, granting permission for creation of two new fair price shops in Lingapuram and Egavaripalem of Gavinivaripalem Village, bifurcating the existing three shops. In the counter affidavit of the 3rd respondent, it is clearly pleaded that the second respondent passed an order of bifurcation of the existing fair price shops on account of the representations of the villagers, which having been examined were found genuine and in the interest of the consumers. From the material on record and the averments in the counter affidavit of the 3rd respondent, it is apparent that the impugned notification has been issued pursuant to the order of the 2nd respondent granting approval for the bifurcation of the fair price shops. Hence, no infirmity in the impugned notification is discernable. There are no merits. The writ petition is dismissed. No costs. ____________________ GODA RAGHURAM,J DATE: 19th August, 2008 Pnb