THE HON'BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.26849 OF 2008 ORDER: 1 This Writ Petition is filed with the prayer, which reads as under: “For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue a writ, direction, order or orders more particularly one in the nature of writ of mandamus declaring the impugned proceedings in RC.E.No.1031/2008 dt.07.11.2008 issued by the 1st respondent bifurcating the Vidavalur Fair Price Shop No.25 and consequential proceedings RC.B.No.3686/2008 dt.01.12.2008 issued by the 2nd respondent inviting the applications for appointment of F.P. Shop dealer on permanent basis to the proposed new F.P. Shop NO.25 A of Vidavalur is illegal, arbitrary, malafide, contrary to the guidelines issued in G.O.Ms.No.35 Consumer Affairs, Food & Civil Supplies (C.S.1) Department Dt.17.09.2007 and in violation of principles of natural justice and consequently set aside the same in the interest of justice and pass such other order or orders as this Hon'ble Court deem fit and proper in the circumstances of the case. 2 The petitioner society is a society registered under the A.P. Cooperative Societies Act, 1964. There were three fair price shops in Vidavalur Village & Mandal, Nellore District. The shop Noumbers are 24, 25 and 26. The petitioner society was given authorization for distribution of essential commodities under the Andhra Pradesh Public Distribution System (Control) Order, 2008, framed under Section 3 of Essential Commodities Act, 1955. The petitioner shop was attached with a total number of 825 cards for the purpose of distributing the Essential Commodities. By taking into consideration the distance point of view from the cardholders, there was a proposal to create a 4th shop by taking out some cards from each of the shop numbers 24, 25 and 26. So far as the petitioner society is concerned, out of 825 cards, it was retained with 421 cards and new shop was proposed to be created with a total number of 407 cards. 3 In this Writ Petition it is the case of the petitioner that the proceedings approving the creation of 4th shop issued by the District Collector in the impugned proceedings is in contravention of the guidelines issued by the Government in G.O.Ms.No.35 dated 17.09.2007. It is the further case of the petitioner that it was not given any notice before deleting the cards, which are attached to the petitioner’s shop. 4 The Tahsildar of Vidavalur Village & Mandal of Nellore District has filed a detailed counter denying the allegations made by the petitioner. It is the case of the respondents that the petitioner is not entitled to any notice as the same is a policy matter and he further stated that the bifurcation proceedings are in accordance with the instructions and guidelines issued by the Government in G.O.Ms.No.35 dated 17.09.2007. 5 When the matter is taken up for hearing, the learned counsel for the petitioner stated that he is not pressing the ground of issuing notice before initiation of the bifurcation proceedings. However, the learned counsel contended that the proceedings of the District Collector approving the creation of new shop i.e. shop No.25-A is contrary to guidelines issued by the Government in G.O.Ms.No.35 dated 17.09.2007. It is submitted that as per the guidelines, the petitioner’s shop should have been retained with not less than 500 cards in view of the guidelines issued under Clause 6(iv) of the guidelines issued in the said G.O. 6 On the other hand, it is the contention of the learned Government Pleader for Civil Supplies that the new shops are created as per the policy decision of the Government keeping in mind the convenience of the cardholders and taking into account the distance from the point of residence of the cardholders to that of the existing fair price shops. It is submitted that the petitioner is retained with 421 cards and the same is in conformity with the guidelines issued in the G.O.Ms.No.35 dated 17.09.2007. 7 For the purpose of rationalization of fair price shops in the districts due to increase of iris based ration cards the Government has issued certain guidelines by way of G.O.Ms.No.35 dated 17.09.2009. Petitioner claims that Vidavalur is a mandal head quarters and hence it is entitled to have minimum number of 500 cards in view of Clause 6 (iv) of the guidelines issued in G.O.Ms.No.35 dated 17.09.2007. At the same time, it is to be noticed that Vidavalur is also a Gram Panchayat as per the provisions under the Panchayat Raj Act, 1994, which is a rural area. As per Clause 6 (v) of the guidelines issued in the above said G.O, which reads as under: “Rural areas – Each Gram Panchayat (v) should have at least one F.P. shop with a minimum number of 400 BPL cards and 50 APL cards. In case, there are more number of cards in excess of the minimum number of cards, i.e. 400 BPL and 50 APL in a village there can be two FP shops provided the total number of BPL cards in that village is not less than 600 and the number of BPL and APL cards should be attached to the two Fair Price Shops equally.” 8 From a perusal of the aforesaid guidelines, it is clear that in a Gram Panchayat, the minimum number of cards should be 400 but not 500. May be that Vidavalur village is a Mandal Head Quarters, but, at the same time it is a rural area covered by clause 6 (v) of the guidelines also. In any event, it is to be noticed that what number of shops should be there is for the respondent authorities to decide, keeping in mind the convenience of the cardholders. But, it cannot be based on the consent of the existing dealers. In view of the fact that the shop in question is located in a gram panchayat area, and the petitioner is retained with more than 400 cards, this court is of the view that the instructions issued by the District Collector are in conformity with the guidelines issued by the Government and in that view of the matter, I do not find any illegality to interfere with the impugned order and also the consequential notification issued by the respondent authorities to fill up the vacancy of newly created fair price shop No.25-A of Vidavalur village & Mandal of Nellore District. 9 For the aforesaid reasons, this Writ Petition is dismissed as devoid of merit. The second respondent is hereby directed to fill up the vacancy of newly created fair price shop No.25-A of Vidavalur village & Mandal within three months from today and the arrangement which exists as on today shall continue till the new dealer is appointed for the newly created fair price shop. No costs. ---------------------------- R. Subhash Reddy, J. 21.09.2011 Kvsn