HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.28953 of 2008 Date : 31.10.2011 Between : M. Adilakshmi. …..Petitioner And The District Collector, Sri Potti Sriramulu Nellore District & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.28953 of 2008 ORDER : In this writ petition, the petitioner has questioned the notification, dated 01.12.2008, issued by the 3rd respondent-Revenue Divisional Officer, Kavali of Sri Potti Sriramulu Nellore District, inviting applications to fill up the vacancy of fair price shop dealer for shop No.1-A of Jaladanki village and Mandal in Sri Potti Sriramulu Nellore District. Petitioner is the existing dealer for fair price shop No.1 of Jaladanki village. After bifurcating the existing ration shop in the village by creating shop No.1-A, the 3rd respondent has issued notification for selecting dealer to the newly created shop. The notification is questioned mainly on the ground that there are totally 809 cards attached to the shop of the petitioner and if the new shop is created by appointing a new dealer by attaching 405 cards, the cards, which are to be retained with the petitioner’s shop would be less than 500, as such, same is contrary to the guidelines issued by the Government in G.O.Ms.No.35, dated 17.09.2007. Counter affidavit is filed by the Revenue Divisional Officer, Kavali. In the counter, while denying the allegations of the petitioner, it is stated that as the existing fair price shop is located in the village and most of the card holders attached to the said shop belong to SC and BC communities, to improve the distribution system, bifurcation was approved in the mandal level food advisory committee meeting held on 28.11.2007. Card position before bifurcation and after bifurcation, is also given in the counter affidavit, from which, it is clear that even after bifurcation, the petitioner will retain 596 cards, and thus, it is viable for the petitioner to run the fair price shop even after bifurcation. In this case, it is to be noticed that the bifurcation proceedings are not under challenge. In any event, the only ground on which the impugned notification is questioned, is that, if the new shop starts functioning, most of the cards attached to the petitioner’s shop will be detached and the number of cards, which would be retained with the petitioner would be less than 500, which is contrary to G.O.Ms.No.35, dated 17.09.2007. But, in view of the averments made in the counter, even after attaching cards to the new shop, the petitioner will be retaining 596 cards, which is in accordance with the guidelines issued by the respondents. In view of the aforesaid stand of respondents in the counter, I do not find any ground to invalidate the impugned notification. For the aforesaid reasons, the writ petition is devoid of merit and it is accordingly dismissed. No order as to costs. ______________________ R. SUBHASH REDDY, J 31st October 2011 ajr