IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.99 OF 2010 DATED:17.3.2010 Between: Smt. K. Shiva Kumari … Appellant And The Collector, Guntur District and others … Respondents THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.99 OF 2010 JUDGMENT: (per the Hon’ble the Chief Justice Shri Nisar Ahmad Kakru) Bifurcation of the fair price shop of the appellant by the official respondents came to be questioned by medium of Writ Petition No.7428 of 2005, which was dismissed. Being aggrieved - a Writ Appeal, consideration whereof had begotten a direction favouring the appellant herein, requiring the Respondent – Collector to consider and dispose of the appellant’s representation in accordance with law which according to the appellant was not decided, consequently, invocation of extraordinary writ jurisdiction vide Writ Petition No.22812 of 2008, questioning the order dated 03.10.2008 passed by the Revenue Divisional Officer, Guntur (RDO), having the effect of appointing the Respondent 3 as fair price shop dealer of the shop resulting due to bifurcation of the appellant’s fair price shop. The gravamen of the appellant’s case is that the order impugned before the learned Single Judge had been passed in utter disregard to the guidelines. Admittedly, there is no dispute urged by the respondent – State in respect of the existence of the guidelines, a bare perusal whereof reveals that bifurcation of a fair price shop in rural areas can be resorted to, provided the number of cardholders to be attached to the fair price shop is not less than 350. Conversely, the number of cards attached to the bifurcated shops is 293 and 294, ex facie less than the requisite number. After arguing at some length, a consensus is arrived at between the learned Counsel for the parties to have the matter reexamined by the respondents 1 and 2 on the touchstone of the guidelines spelt out in Government Memo No.148/CS.I/98-1, dated 22.01.1999. In the aforementioned backdrop, there shall be a direction to the respondents 1 and 2 -- Collector and RDO – to reexamine the order of bifurcation and pass appropriate orders by due adherence to the above Government Memo as expeditiously as possible, at any rate within one month to be reckoned from today. Until the order as directed above, status quo as on today. Disposed of. SANJAY KUMAR, J NISAR AHMAD KAKRU, CJ 17-3-2010 bnr