HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.16616 of 2009 Date : 18.11.2011 Between : Chintha Rama. …..Petitioner And The Collector, Karimnagar District & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.16616 of 2009 ORDER : In this writ petition, the petitioner seeks directions by way of Mandamus, declaring the proceedings issued by respondents 1 and 2 in bifurcating fair price shop No.2734, situated at Rangaraopet village of Metpally Mandal in Karimnagar District, as illegal and arbitrary. The petitioner is authorized fair price shop dealer of existing fair price shop No.2734, which is within the limits of Rangaraopet village of Metpally Mandal in Karimnagar District. It is the case of the petitioner that 268 white cards, 21 AAY cards and 1 AP card, in total 290 cards, are attached to his shop. It is the grievance of the petitioner that by the impugned proceedings, his said shop is ordered to be bifurcated by creating one more shop in Thanda by attaching some cards attached to his shop, and the same is in violation of the guidelines issued by the Government in G.O.Ms.No.35, dated 17.09.2007. It is contended by the learned counsel for petitioner that as per the guidelines issued by the Government in G.O.Ms.No.35, dated 17.09.2007, in rural areas, the fair price shop should be attached with a minimum of 400 BPL cards and 50 APL cards and though the existing cards attached to the petitioner’s shop are less than the minimum number of cards prescribed in the aforesaid G.O., inspite of the same, bifurcation is ordered. On behalf of respondents, counter affidavit is filed. In the counter, while denying the various allegations made by the petitioner, it is stated that when the District Collector visited the tribal thanda at Rangaraopet village on 17.07.2009, the poor thanda people have expressed their grievances in getting ration from the existing fair price shop at Rangaraopet village. It is stated that during the inquiry, it is revealed that the above thanda is existing 2 ½ kilometers away from the fair price shop situated in Rangaraopet village, and as such, bifurcation is ordered as per guideline No.6(ii) of the guidelines issued in G.O.Ms.No.35. While it is true that in rural areas, to meet the economic viability of dealer in running the fair price shop, 400 to 450 BPL and 50 Pink cards are to be attached, but at the same time, guideline No.6(ii) of the aforesaid G.O. is applicable to the present case, which reads as under : “6 (ii) : Opening of a fair price shop within one kilometer radius of the residence of the card holder shall be scrupulously followed.” Though there is a guideline prescribing the number of cards for fair price shops in rural areas, in order to implement guideline No.6(ii) of the aforesaid G.O., the impugned proceedings are issued. Not merely the viability of dealer should be the consideration, equal importance should also be given to the distance between the residences of card holders and the fair price shop, because, they have to purchase the goods and carry to their residences. In that view of the matter, as per guideline No.6(ii), it is obligatory on the part of respondents to open a fair price shop within one kilometer radius of the residences of cardholders. When it is stated in the counter affidavit that the existing shop in Rangaraopet village is at a distance of 2 ½ kilometers away from the thanda, and therefore, the impugned proceedings are issued for creating a separate shop in the thanda by bifurcating the existing shop, I do not find any illegality in the impugned proceedings, warranting interference. Such a step taken by the respondents is as per guideline No.6(ii) of G.O.Ms.No.35, dated 17.09.2007. For the aforesaid reasons, this writ petition is devoid of merit and it is accordingly dismissed. No order as to costs. ______________________ R. SUBHASH REDDY, J 18th November 2011 ajr