HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.18978 of 2008 Date : 07.09.2011 Between : Ch. Venkat Reddy. …..Petitioner And The State of Andhra Pradesh, rep. by The District Collector (Civil Supplies), Nalgonda & another. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.18978 of 2008 ORDER : The petitioner is a fair price shop dealer in Yerkarm village of Suryapet Mandal in Nalgonda District. In this writ petition, he has questioned the action of respondents in bifurcating the existing fair price shop, by creating another shop of Yerkarm-II, on the ground that the same is contrary to the guidelines issued by the Government in G.O.Ms.No.35, dated 17.09.2007. There was only one shop in Yerkarm village. Before bifurcation, about 617 white cards, 69 pink cards and 62 other cards known as AAY and AP cards, were attached to the shop of the petitioner. After issuance of guidelines for bifurcation of fair price shops in the District due to increase of iris based ration cards, proposals were sent for bifurcation of the existing shop by creating one more shop, and such proposals were approved by the District Collector, by proceedings, dated 29.07.2008, issued in Proceedings No.CS2/1558/2007. In this writ petition, 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, for rationalization of fair price shops, there should be a minimum of atleast 400 BPL cards and 50 APL cards for one shop. It is submitted that after bifurcation, petitioner is having only 350 cards, and in that view of the matter, no 2nd shop can be created. For rationalization of fair price shops in the State, the Government has issued guidelines in G.O.Ms.No.35, dated 17.09.2007. The relevant clause for the purpose of disposal of this writ petition is Clause 6(v), which reads as under : “Rural areas – Each Gram Panchayat (v) should have at least one F.P. shop with a minimum 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”. From a perusal of the said provision, it is clear that where there are more number of cards in excess of minimum cards i.e. 400 BPL and 50 APL cards in a village, there shall be two shops, provided the total number of BPL cards in the village is not less than 600, and that equal number of BPL and APL cards are to be attached to the two fair price shops. While it is true that as per the said provision, for viability of dealer, there shall be a minimum of 400 BPL and 50 APL cards, but a further reading of the aforesaid provision makes it clear that where there are more than 600 BPL cards, there can be two shops by dividing the existing cards equally among the two fair price shops. Merely because the cards are falling short below 400 after bifurcation, that by itself, is not a ground to invalidate the bifurcation proceedings. In that view of the matter, I do not find any illegality in the impugned proceedings. For the aforesaid reasons, the writ petition is devoid of merit and it is accordingly dismissed. No costs. ______________________ R. SUBHASH REDDY, J 7th September 2011 ajr