HON’BLE MR.JUSTICE R.SUBHASH REDDY Writ Petition No.25796 of 2009 Date: November 25, 2011 Between: A.Nambaiah, S/o.Bondaiah … Petitioner And The Collector (Civil Supplies) Karimnagar District and others … Respondents Order: This writ petition is filed seeking mandamus declaring the action of the respondents in not rationalizing fair price shops in Godavarikhani town of Ramagundam Mandal, Karimnagar District as illegal, arbitrary and contrary to the instructions issued in G.O.Ms.No.35 dated 17.09.2007 and consequential directions to the respondents to allot 500-550 BPL and 250 pink ration cards to the fair price shop of the petitioner bearing No.4515. Petitioner is holding a valid authorization for distribution of essential commodities for shop No.4515, situated in Godavarikhani, Ramagundam Mandal, Karimnagar District. It is stated that he is allotted with ration cards, of two blocks, i.e. 16-3 & 16-4 in Godavarikhani, numbering 368 white (BPL) cards and 29 Anthyodaya (AAY) cards. It is his case that as per the guidelines notified in G.O.Ms.No.35 dated 17.09.2007, Government has issued instructions for fixing minimum number of ration cards, to be attached to each fair price shop in different headquarters, i.e. 500-550 BPL and 250 pink ration cards. It is stated that in spite of making repeated representations to attach some more cards or to entrust existing vacant shop No.4525 to the petitioner, no steps have been taken by the respondents. Precisely, it is the grievance of the petitioner that in view of attachment of less than 500 cards to his shop, it has become economically unviable for him to run the shop. Heard Sri T.Mahender Rao, learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies for the respondents. It is contended by learned counsel for the petitioner there are shops bearing Nos.4508, 4514, 4518, 4522, 4551 and 4596 in Godavarikhani itself and they are attached with more number of cards; though it is obligatory on the part of the respondents to rationalize fair price shops as per the instructions issued by the Government in G.O.Ms.No.35 dated 17.09.2007, no steps are being taken by the respondents. Counter-affidavit is filed by the respondents disputing the allegations made by the petitioner. In this case, it is not in dispute that the petitioner is attached with only 368 BPL and 29 Anthyodaya ration cards to his shop. The number of cards attached to the shop of the petitioner is far less than the notified minimum to meet the viability norms notified by the Government in the G.O.Ms.No.35 dated 17.09.2007. At the same time, without knowing the distance limits of the ration cardholders to the fair price shops, no direction can be given for attachment of particular number of cards to the shop of the petitioner. Whether any further cards can be attached to the shop of the petitioner or not having regard to the distance limits is a matter which is to be considered by the Revenue Divisional Officer concerned. It is also the case of the petitioner that in view of the expiry of the dealer, there is a vacancy with regard to shop No.4525 and he has also made representations to entrust the said shop to him. Though it is stated that petitioner has made such representations to the respondents earlier, I deem it appropriate to dispose of the writ petition permitting the petitioner to make a fresh representation to respondents 2 and 3 herein with a request to attach further ration cards to his shop, and also to entrust shop No.4525, which is stated to be vacant in view of expiry of the dealer, within a period of six weeks from the date of receipt of this order. If any such representation is filed within the said time, respondents 2 and 3 are directed to consider the representation of the petitioner and take appropriate decision thereon and communicate the same to him. Such exercise shall be completed within a period of two months from the date of receipt of the representation of the petitioner. Writ petition is accordingly disposed of. No costs. _____________________ (R.SUBHASH REDDY, J) November 25, 2011 N.B. Issue C.C. in 4 days B.O. MRR